Section 39 trade mark objection
An objection raised under section 39 of the Trade Marks Act 1995 means that your trade mark incorporates a sign or signs that are prohibited to be used as trade marks.
IP Australia may reject a trade mark application if it contains or consists of any of the following:
- Signs referring to the existence of intellectual property rights, for example PATENT, PROTECTED INTERNATIONAL TRADE MARK, COPYRIGHT and the symbols © and ®;
- Words TO COUNTERFEIT THIS IS A FORGERY or words to the same effect;
- Representation of the arms, flag or seal of the Commonwealth, a state or territory;
- Representation of the arms or emblem of a city, town, public authority or public institution in Australia;
- Representation of a trade mark notified by the International Union for the Protection of Industrial Property as not being entitled to registration under international arrangements;
- A sign which incorporates AUSTRADE, C.E.S, OLYMPIC CHAMPION, REPATRIATION, RETURNED AIRMAN, RETURNED SAILOR AND RETURNED SOLDIER;
To give you the best options in overcoming the objection, it’s best to submit an enquiry and we can give you advice relating specifically to your trade mark.
