Successfully navigating both applicable law and procedural requirements is essential to effective practice in trade mark opposition matters. This unique, time-saving text is designed to offer quickly accessible answers to procedural questions covering oppositions to registering and removing trade marks before the Australian Trade Marks Office (ATMO). It includes both the substantive law and procedure, with practical tips on preparation of evidence, oral and written submissions and obtaining orders for costs. The author draws from the extensive body of decisions handed down by the ATMO to simplify the practitioner¿s role in dealing with the governing law and common practice of the ATMO. It is an essential guide to trade mark opposition practice for legal practitioners and trade mark attorneys and is a highly relevant resource for students undertaking units on trade mark practice.

Australian Trade Mark Law Second Edition provides a comprehensive overview of trade mark law in Australia and encourages readers to critically engage with the operation of the Australian trade mark system as a whole. It moves beyond a purely descriptive account of existing legislation and case law to help readers to view and question the law through a critical lens. It questions the functioning of the trade mark system as well as the decisions made by courts, the legislature and administrative bodies that have shaped such a system. As well as critically assessing how the trademark system could work better in the future, Australian Trade Mark Law presents comparative material that illustrates how other jurisdictions deal with particular issues and problems.

Follows the structure of and annotates: Trade Marks Act of 1995 and its Regulations (superseding Trade Marks Act 1955).

Updated to include recent important developments in Australian intellectual property law, this is an essential text for students and professionals.

This original text is the first of its kind. It provides a complete guide to the process of oppositions to the registration and removal of trade marks before the Australian Trade Marks Office from the perspective of an experienced barrister and trade mark attorney who works in the field. It covers both the substantive law and the procedural aspects, including practical tips on subjects such as the preparation of evidence, oral and written submissions and obtaining orders for costs.The author observes both the governing law and policy in manner that acknowledges the common practice of the Australian Trade Marks Office but provides a useful private practitioner perspective.

Australian Trade Mark Law provides a comprehensive overview of trade mark law in Australia and encourages readers to critically engage with the operation of the Australian trade mark system.