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Total entries in this category: Published On: May 18, 2008 10:35 PM |
More on business namesACIP's report
A review of the relationship
between Trade Marks and business names, company names and domain
names has been released.
Apparently, many businesses don't know
the difference between a trade mark and a business name or company name.
There's a real surprise!
ACIP thinks that business names should be registrable only if a trade mark search has been conducted which reveals no conflicting registration in the relevant field of business. If the search is not conducted or is inconclusive, registration should not be achieved. Interestingly, for company names - the area where the Commonwealth actually has direct responsibility now, the corresponding recommendation is for a trial of a "for information only" scheme. For both business names and company names, there are recommendations that s 124 of the Trade Marks Act 1995 be amended so that there is a rebuttable presumption of prior use. This apparently means that the trade mark owner will bear the onus of proving that the business name / company name has not been continuously used in the course of trade for similar goods or services from before the trade mark was filed or first used. This is apparently considered a minor amendment, although trade mark owners might find trying to prove a negative well nigh on impossible. How many whiskers can you count on this idea? There is also a nice idea for more integration of the registers. Report here (pdf 94 pages), media release here and market research(!) here. Posted: Wednesday - 19 April, 2006 at 04:27 PM | |