An objection raised under section 44 of the Trade Marks Act 1995 deals with conflicting marks which have already been filed with IP Australia.
This objection will come up if IP Australia considers your trade mark is too close to another or others already on the register.
Depending on the objection, you might be able to address it by supplying evidence of use:
Depending on how serious the conflict is, you may be able to overcome the objection with submissions and evidence.
To overcome an objection under Section 44(3)(a), you’ll need to submit a declaration to IP Australia showing the honest use of your trade mark and that you used your trade mark in Australia before the filing of your application. Examples of your use should also be submitted with the declaration.
To overcome an objection under Section 44(4), you’ll need to submit a declaration to IP Australia showing that you used your trade mark before the date that the cited trade mark owner did, and that your use has been continuous up to the filing of your application. Examples of your use should also be submitted with the declaration.
Feel free to submit a question and we can review your trade mark and give you options of overcoming the objection.
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