When Dr. Elizabeth Kirk, Beyond Ergo decided to rebrand her specialised ergonomic business, she consulted with Binh Rey for assistance with trademarking her new name. What she discovered was that her chosen name wasn’t an ideal representation of her business, and rebranding was more involved than simply choosing a new name.
Publication of 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 details. Therefore, it is important to consider what the strategic implications may be of the disclosure of, for example:
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. These information 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.