Customer Information Please note this is not an e-form
(Office use only)
Please note that much of this information will be published in our data base and will be available over the Internet.
Personal Details of Applicant(s) (* denotes mandatory fields)
*1. Name ACN/ARBN/ABN
*2. Address (can be a PO
Box) Country (if not Australia) State Postcode
2nd Applicant (if required)
ACN/ARBN/ABN Address
(can be a PO
Box) Country (if not Australia) State Postcode
Additional applicant details attached
*3. Address for Service (if different from the above) MUST BE AN ADDRESS IN AUSTRALIA (can be a PO Box) Address
State Postcode
OR
Agent Details (only complete if you are being represented by an Agent authorised to act on your behalf)
Name Address
State Postcode
Optional Details:
Telephone ( ) Fax ( ) Mobile Number
Email Address
Customer Reference Privacy Notice
IP Australia collects your personal information to provide our services to you. The Trade Marks Act 1995 permits us to do this.
The Trade Marks Act requires us to disclose and publish some of your personal information, including your name and address. We publish these details in the Trade Marks register, journals and databases, which are all available over the Internet. This information may be disclosed to foreign IP offices and recipients of our bulk data products. We may also use your personal information to contact you for our market research.
Please use a post office box or other valid Australian address as your address if you do not want your home address to be published.
Our Privacy Policy explains how we handle your personal information.
Submit completed form and payment (if applicable) to:
Post: IP Australia, PO Box 200, Woden ACT 2606
Fax: From Australia (02) 6283 7999 (secure fax line) From Overseas +61 2 6283 7999 (secure fax line)
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1995年商標法
商標 録願書
所
記 異 る場合 所 オヴスダメモ゚ ある
Application to Register a Trade Mark
Before filling out the application form, please read the instructions carefully. The application may be considered as `not filed' if you do not correctly complete this form or if insufficient fees are paid. Refunds are not provided for applications which do not gain registration. Current applicable fees can be found on our website: www.ipaustralia.gov.au
Instructions for filling in the Application Form
If there is not enough room provided to complete any part of the form please use the additional space provided on the last page of the form. You may firmly attach as many additional pages as necessary. Please keep a photocopy of the application form for your own records.
1 PERSONAL DETAILS OF APPLICANT(S) Print the full name of the owner of the trade mark. The owner must have legal personality and may be an individual, a company, an incorporated association or a combination of these. A business name or trading name is not acceptable as the name of the owner. If a trade mark is owned by a corporation, the application should be made in the corporation's name and not in the name of directors or shareholders. A Trust is to apply in the names of the Trustees. An association, whether incorporated or not may apply for a collective trade mark.
Please provide the company number (ACN), registered body number (ARBN) or Australian Business Number (ABN) if applicable.
More than one name?
If there is more than one owner, then all names should be provided. An application should not be filed in the name of more than one individual or company unless;
* the use of the mark by one of them counts, at law, as a use by both or all of them or
* the mark is used on goods/services with which both/
all of them are connected in the course of trade - for example if both/all parties are involved in a joint venture or if both/all of them carry out work on the goods and/or services or
* they are in business together or
* have agreed to share ownership of the trade mark.
Joint owners are considered to be “in business together”
if they intend to use the trade mark in relation to goods or services which the owners offer or provide for a shared business purpose. All joint owners should be aware that, for the purposes of the Trade Marks Act 1995, they will be considered co-owners of the trade mark.
2 FULL ADDRESS OF THE APPLICANT(S) Print the address of your business. This may be a post office box. If there is more than one applicant and the applicants have different addresses, each address should be included. If you do not want your home address published online provide a PO Box.
3 OTHER
ADDRESSES Address for Service
Print an address in Australia where all correspondence about this application should be sent. This may be a post office box. An address in Australia must be nominated for correspondence even if the owner's own address is not in Australia. This address will also be used for service of legal documents.
Agent Details
If you are being represented by an agent, those details can be provided in the Agent Details section after your own.
Telephone numbers, email addresses and fax numbers of the address for service are not compulsory but, if we need to contact you, they can be useful to confirm or speed up the resolution of a matter.
4 TRADE MARK
Write or place a copy of the trade mark in the box.
Please ensure the trade mark is placed the right way up AND all details clear enough to reproduce (without retouching) for publication purposes.
If the trade mark(s) does not fit within the box provided, please try to reduce the size while clearly retaining all the features of the trade mark. If the trade mark(s) cannot be reduced to fit, please put a copy of your trade mark on an A4 sheet of paper attached to this form.
Note: If you think this trade mark application might become the basis for an international application the trade mark must not be greater than 8 cm x 8 cm.
This is the preferable size for all representations. If too larger or too small the quality of the image of your trade mark may be affected.
A trade mark is usually taken to be registered for all colours. It is not essential to provide a coloured representation unless you are applying for colour as a trade mark or intend to restrict your registration to specific colours.
5 CONVENTION PRIORITY DETAILS
If the applicant applied for this trade mark in another convention country in the last 6 months and wants to claim the earlier filing date, then information about that convention application should be included on the application form.
If a different priority claim applies to different goods and/
or services in an application and you claim multiple priority dates, please use the extra space provided on the last page. You MUST indicate which goods and/or services apply to the various priority dates.
6 NON-ENGLISH WORDS AND FOREIGN CHARACTERS
If your trade mark contains non-English words you are requested to provide a translation of those words into English. For example, “I advise that the English translation of the German word PFEIL appearing in the trade mark is ARROW”. Note that it is not compulsory to provide this information. However it may be requested during
examination of your application. If your trade mark contains foreign (non-Roman) characters then you are required to provide a transliteration and translation of those characters.
7 GOODS AND/OR SERVICES COVERED BY THIS APPLICATION
Please list the goods and/or services for which you want to register your trade mark.
If your application covers goods or services in more than one class, please group them together by class in numerical order. When selecting your class/es consider the goods or services which your business sells under your trade mark.
While you may use your mark on various items such as your stationery, uniforms and advertising material, you should list only the goods/services you sell.
Please note: The descriptions “all goods” or “all
services” in the class or including “all other goods” or “all other services” are not acceptable.
It is important that you provide a clear, succinct description of your goods and services. The list of classes and a detailed list of goods and services in each class can be viewed on IP Australia's website at www.ipaustralia.gov.au (go to the ATMOSS trade marks search and click on the Classifications tab available there).
If you need further help, please contact the Customer Service Centre by email at assist@ipaustralia.gov.au or during business hours on 1300 651 010.
If you need more room to list the classes and your goods and/or services, please print them on an A4 sheet of paper and attach it to this form.
8 SERIES TRADE MARKS
A series application is made for two or more similar trade marks in the same application. However, not all similar trade marks will qualify as a series. In most cases, applicants with more than one trade mark to register will need to file multiple single-mark applications. Only in very limited circumstances will applicants be able to register an application for a series of trade marks. An application for a series is more costly with an additional fee charged at filing. If your series is found to be invalid, this fee is not refundable.
With narrow criteria and additional cost involved, you should carefully consider whether your series of trade marks meets the requirements before filing the application. If in doubt, consider filing multiple applications for single marks to ensure you secure your filing date for each trade mark.
The Trade Marks ACT (1995) sets very restricted criteria for what constitutes a valid series application. Trade marks can only form a valid series if the main feature of the trade marks closely resemble each other and that any differences between them are:
a) statements or representations as to the goods or services that the trade mark is to be used upon, or
b) statements or representations as to number, prices, quality or names of places, or
c) the colour of any part of the trade marks
This means that even when trade marks appear very similar, if they have differences other than those listed in a), b), or c) above they will not form a valid series.
For example, similar marks will not form a valid series where the marks:
• are with and without spaces between words
• are with and without hyphenated words
• are with and without capital letters
• have different phonetic spellings
• have different positioning of identical elements within the mark
• have different fonts
• have different size ratios of representations (Please note the above list is not exhaustive but it is illustrative of the highly restricted criteria for a valid series.) To further illustrate, the following two trade marks vary only in font:
IDAK IDAK
If this example were filed, this would not be valid because the way in which they differ - the letter font - is not a difference mentioned in categories (a), (b) or (c). The applicant would have to delete one of the trade marks before the application could proceed, their series fee would not be refunded and they would lose the filing date for the mark that they deleted.
This particular example helps demonstrate that the range of trade marks that can qualify as series is narrow. Very few applicants will have a number of trade marks that vary in the ways specified. As such, series is not an option for undecided applicants to have a range of possible marks examined and reported on. Applications which are clearly not series will not receive a full report on registrability until the invalid series claim is resolved.
Example of a valid series of trade marks:
IDAK CLOTHING, IDAK FOOTWEAR, IDAK HEADGEAR Class 25 claim for Clothing, footwear, headgear
In this example of a valid series, the trade marks resemble each other because the essential feature IDAK is common to each, and the words CLOTHING, FOOTWEAR, HEADGEAR are differences allowed under category (a) because they are statements as to the goods claimed.
9 SPECIAL KINDS OF SIGNS
A trade mark must be represented graphically. Where the sign is a shape, scent, sound or colour you need to give a clear description of the sign. If there is no other form of graphic representation of these kinds of trade marks, the description may also be used as the representation in section
4 of this form. Please indicate colour ONLY if you are applying for colour(s) as your trade mark.
10 OTHER THAN STANDARD TRADE MARKS
Trade mark (standard) - Most trade marks are standard trade marks. They distinguish the goods or services of one trader from the goods or services of any other trader. If your trade mark is not a standard trade mark and you are applying for a certification, collective or defensive trade mark, you need to complete this section.
Certification trade mark - This is a sign used to distinguish goods or services dealt with or provided in the course of trade and certified by the trade mark owner (or by another person approved by the owner) in relation to quality, accuracy or some other characteristic including origin, material or mode of manufacture. After examination of the application by the Trade Marks Office, the rules governing
the use of a certification trade mark must be approved by the Australian Competition and Consumer Commission.
Collective trade mark - This is a sign used in the course of trade by members of an association. The association may be a body corporate. The trade mark cannot be assigned to a new owner at a future date.
Defensive trade mark - Such an application may be filed because a registered trade mark has become so well known in relation to some goods or services that its use by another trader in relation to other goods or services may be confusing to consumers. The owner is not required to use the trade mark on these goods or services. Evidence is required to support the application.
11 DIVISIONAL APPLICATION
Where an application for a trade mark has been made in Australia (referred to as the parent application), and that application is still pending, a divisional application may be made for the same trade mark in respect of some of the goods and/or sevices included in the parent application.
At the same time as you make the divisional application, you must also specify the goods and/or services that are to remain in the parent application. There is room on the application form to do this.
A valid divisional application is taken to have the filing date of the parent application on which it is based. If the parent application has a claim for convention priority, you must make that claim in the divisional application for the claim to be valid.
Please Note:
• The earliest date a trade mark can be registered is 7.5 months after an application is filed. This is to fulfill our international obligations to allow 6 months for applications to claim a priority date based on an overseas filing.
• Checklist provided on page 8 of this application form.
• Payment Form for credit cards, cheques and money orders is accessible online at: www.ipaustralia.gov.au
Trade Marks Act 1995
Application to Register a Trade Mark
Standard, certification, collective and defensive trade marks
Please note this is not an e-form
*4. Trade Mark
Write or place a copy of your trade mark in the box.
Most trade marks contain words, letters, numbers or pictures / graphics or a combination of these things. If your trade mark is not one of these you should refer to No.9. Special kinds of signs
If your trade mark contains non-English words and/or foreign (non-Roman) characters complete No. 6.
5. Convention Priority Details
If you have filed an application for this trade mark, for some or all of the goods and/or services, in another convention country in the last six months, you may claim priority from the earlier application/s.
Country in which first filed Date Trade Mark No. if available
6. Non-English Words and Foreign Characters
Complete (a) ONLY if your trade mark contains non-English word/s and/or (b) ONLY if your trade mark contains foreign (non-Roman) character/s
(a) I advise that the English translation of the
(eg GERMAN)
word/s
(eg PFEIL) appearing in the trade mark is
(eg ARROW) (b) I advise that the
(eg CHINESE)
character/s appearing in the trade mark
may be transliterated as
(eg XI LE)
which may be translated into English
as
(eg JOY)
商標
条 基 く優先権 細
英語 外 言葉 外国語文字
TM/001001 (0312) Page 6 of 8 ABN 38 113 072 755
*7. Goods and/or services covered by this application
Insert the class No. and then list the goods and/ or services for which you are seeking registration eg. Class No. 15 Violins，Class No. 25 Clothing】 hats If additional space is r， ωred please attach to the back of this form on an A4 sheet of paper)
If you need help deciding the class(es) or the goods or services for which you should apply，please contact IP Australia during business hours on 1300651 010 or at ssist@ipaustralia.gov.au
コ
Add伽出願 ィトヴ る商品及び/又 キヴニス
Additional Requirements
Use this page ONLY to indicate you are applying for a series of trade marks, a sound, a scent, shape trade mark or a trade mark which consists of colour applied to the product or to the packaging, a divisional of a pending application, a certification, collective or defensive trade mark.
Please read the relevant instructions carefully before completing this section. You may ring IP Australia on 1300 651 010 for further information or consult a patent and trade mark attorney or solicitor experienced in trade mark matters.
8. Series Details Only very minor variations to a trade mark are permissible. Refer to page 3 for requirements of a valid series.
Indicate the number of trade marks in the series:
All trade marks in the series are in the box provided on page 5.
All trade marks in the series are on an A4 sheet attached to the back of this application form.
9. Special kinds of signs
If you claim your trade mark is one of the following, please tick the appropriate box/boxes and include a description.
(The trade mark may be a combination of more than one kind of sign and/or include words, letters, numbers or pictures.) Shape (3D) Scent (Olfactory) Sound Colour (of product or packaging)
Description of the trade mark:-
10. Other than standard trade marks
If after reading the instructions you consider your application falls into one of the following categories please indicate the type:
Certification trade mark
Collective trade mark
Defensive trade mark - based on trade mark registration No.
TM/00/001 (0312) Page 7 of 8
ABN 38 113 072 755
クモヴゲ 細
特別 種類 標章
形状 い 音 色 製品又 パセォヴグ
標準 商標 外
11. Divisional Details
Please read carefully the information regarding divisional applications. If you are making a divisional application, please supply the following details:
Trade Mark number of parent Australian application
Convention priority details have been entered at Section 5
Lodgement date of parent Australian Application
Goods/Services (including the class number) to remain in the parent application Class No:
Class No:
Additional classes have been attached to back of form.
CHECKLIST
Have you completed all the Customer Information?...
Have you attached your Trade Mark/s on page 5 or to the back of this form?
Have you provided the goods and services to be covered by this application?
Have you supplied any additional requirements, if relevant?...
Is a Payment Form and correct application fee attached?...
Have you attached any additional information to the form?...
Payment Methods:
Credit Card, Money Orders or Cheque. Cash or EFTPOS if paying in person at an IP Lodgement Point.
Payment and completed form can be submitted:
By Fax for credit cards to our secure fax: 02 6283 7999
By Post for credit cards, money orders or cheques (made payable to IP Australia) to - IP Australia. PO Box 200, Woden, ACT, 2606.
At an IP Lodgement point in each state
TM/00/001 (0312) Page 8 of 8
ABN 38 113 072 755
分割 細