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TRADE MARKS REGULATIONS 1995 - REG 4.3 Representation of trade marks

TRADE MARKS REGULATIONS 1995 - REG 4.3

Representation of trade marks

  (1)   If practicable, the representation of a trade mark included in an application for registration of the trade mark must not exceed 8 centimetres by 8 centimetres.

  (2)   In an application for the registration of 2 or more trade marks as a series, the representation of each trade mark in the series must, if practicable, not exceed 8 centimetres by 8 centimetres.

  (3)   In an application for the registration of a trade mark that contains, or consists of, a 3 dimensional shape:

  (a)   if practicable, the representation of the trade mark in the application must be illustrated in a perspective that shows each feature of the trade mark; and

  (b)   otherwise, the representation of the trade mark in the application must include views of the trade mark that are necessary to show each feature of the trade mark.

  (4)   If the Registrar reasonably believes that the views of a trade mark to which paragraph   ( 3 )( a) or (b) applies are not sufficient to allow all features of the trade mark to be properly examined, the Registrar may, by notification to the applicant , require the applicant to give to the Registrar up to 6 additional views of the trade mark that show the features sufficiently to permit proper examination of the trade mark.

  (5)   If the representation of a trade mark in an application for registration of the trade mark includes words of a language other than English, the applicant must file in support of the application a translation of the words into English, if required to do so by the Registrar at the time of application or later.

  (6)   If the representation of a trade mark in an application for registration of the trade mark includes characters constituting words, being characters that are not roman letters, the applicant must file in support of the application:

  (a)   a transliteration of the characters into roman letters, using the recognised system of romanisation of the characters (if any); and

  (b)   a translation of the words into English.

  (7)   If a trade mark for which registration is sought contains or consists of a sign that is a colour, scent, shape, sound or an aspect of packaging, or any combination of those features, the application for registration of the trade mark must include a concise and accurate description of the trade mark.

  (8)   If the Registrar reasonably believes that the description or representation of a trade mark in an application for registration of the trade mark does not:

  (a)   demonstrate the nature of the trade mark sufficiently; or

  (b)   show each feature of the trade mark sufficiently;

to permit proper examination of the trade mark, the Registrar may , by notification to the applicant, require the applicant to give to the Registrar:

  (c)   a description, or further description, of the trade mark; and

  (d)   a specimen of the trade mark.

  (9)   If a representation of a single trade mark exceeds, or the representations of the trade marks in a series of trade marks together exceed, 8 centimetres by 8 centimetres, the representation or representations:

  (a)   must be attached to the application for registration of the trade mark or trade marks; and

  (b)   must be taken to be part of the application.

  (10)   The representation of a trade mark in an application for registration of the trade mark must be of a kind and quality that:

  (a)   ensures that the features of the trade mark will be preserved in the course of time; and

  (b)   is suitable for reproduction.