One Federal Court decision clarifies what is considered as “authorised use” of a trade mark wherein the trade mark user is not the trade mark owner but a subsidiary of the owner’s company.
Publication of your trade mark details
When applying for trade mark registration, you are required to provide information that will be made available to the public on publication of your trade mark. Therefore, it is important to consider what the strategic implications may be of the disclosure of, for example:
- future goods or services you are planning to launch as stated in the Statement of Goods/Services;
- new branding before that branding is launched; and
- shape trade marks showing elements of future designs.
It is possible to request that the Registrar keep certain information confidential. Specifically, the following information that might be disclosed in:
- evidence of use, or intention to use, a trade mark;
- declarations regarding the reasons for expedited examination or various other reasons for requests for time extensions; or
- documents filed in relation to opposition matters (but not the notice of opposition itself).
Other information is made available to the public, and the Registrar will not allow for that information to be kept confidential.
Information not permitted to be kept confidential includes:
- responses to examination reports;
- contact details (name and addresses) of trade mark applicants;
- names and businesses of declarants, including their position, length of tenure in the company or organisation, business address and their signatures;
information regarding witnesses to a declaration;
- publicly known marketing collateral and activities; and
- length of time of use of the trade mark to represent the corresponding goods and/or services.
Essentially, for information to be considered confidential, it must be of sufficient significance and be inherently confidential.