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27-Jan-2018 02:48

Where an applicant is incorporated overseas and its legal name does not include the term ‘Limited’ or a similar overseas suffix identifying legal incorporation, no query will generally be raised as it will be assumed in the absence of evidence to the contrary that the applicant has filed its application in the correct legal name.

An application may be filed in the name of a partnership.

A person claiming to be the owner of a trade mark may also apply for registration of their trade mark in one or more classes in a single application .Section 183 of the Trade Marks Act 2002 provides that: No notice of any trust may be entered in the register, and the Commissioner is not affected by any such notice.Any reference to an owner acting as trustee constitutes a notice of a trust and is a breach of section 183 of the Act.However, if the person filing the application confirms that the applicant has the necessary standing and is accurately described, this will usually be accepted. Therefore both a given name and a family name are required.

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An initial, business name or trading style will not be sufficient for the given name.

An application may be made by two or more persons as joint applicants, where any of those persons is entitled to use the trade mark only on behalf or all of them, or in relation to goods and services with which both or all of them are connected in the course of trade An application may be made by a legal entity that is not a natural person, such as an incorporated company.



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