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ARTICLE · 11 NOVEMBER 2012

Raising the bar - Changes to the Trade Marks Act 1995

Clayton Utz
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These amendments should benefit trade mark owners by improving practices, streamlining processes and reducing delays.

AustraliaIntellectual Property
Mary Still
Mary Still
Brett Doyle
Brett Doyle
Kate McElhone
Kate McElhone
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Key Points:

The amendments to the Trade Marks Act 1995 should result in improvements in a number of areas of trade mark practice by streamlining processes, reducing delays and generally benefit trade mark owners.

The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) makes significant changes to intellectual property law.

Amendments including those to the Trade Marks Act 1995 will come into effect on 15 April 2013.

The amendments aim to reduce delays in the trade mark process particularly in opposition proceedings. Other changes include clarifying the presumption of registrability, alterations to the customs seizure process, additional damages for infringement and increases in the penalties for misuse of trade marks.

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