Trade mark non-use

A new information guide has been published by IP Australia for any person seeking to apply for the removal of protection
for a trade mark that has not been used.

This removal or cessation of protection application is relevant for a person wishing to register a trade mark which is owned by another party who has not used it in the course of trade or assigned it to be used.

The guide also provides information to the owner of a trade mark facing a removal or cessation of protection application who would like to oppose that action.

Generally, an application for removal of a trade mark can be used if  there was no intention in good faith that it be used or authorised it to be used or to assign it as at the date of application for registration or, once it is registered, it is not used for 3 years.

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