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Amendment of the Trade Marks Act |
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Amendments to the Trade Marks Act came into force earlier in 2007.
Changes include who can apply for a registration, divisional applications, series applications and the renewal grace period.
The amendments include the following:
Ownership of a Trade Mark
Trade mark owner must be a legal personality
Only persons having legal personality may apply for trade marks filed on or after 23 October 2006. This provision does not affect the validity or otherwise of trade marks filed prior to 23 October 2006 in the name of, for example, trusts or business names, irrespective of when they are registered. Collective trade marks are exempt from this provision (new subsection 27(2A).
Power of the Registered Owner The power of a registered owner to deal with their trade mark will now be limited only by any rights recorded in the Register as being vested in another person. This amendment will align the Act with other intellectual property Acts and encourage trade mark owners to register interests in their trade marks. This increases certainty in the marketplace as a potential purchaser will know of any encumbrances on the trade mark.
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