Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Trademarks
4.
Appeals
4.1
If the trademark office refuses registration, can the applicant appeal? If so, to what body and by what procedure?
 
Australia
A refusal can often be overcome through submissions to and correspondence with the trademark examiner (including modifications to the specification of goods or services). If that is unsuccessful, the applicant may, where appropriate, elevate the matter to a senior examiner. If that is unsuccessful, there are rights of appeal to the Federal Court or the Federal Circuit Court.

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
4.2
What is the procedure for appealing a trademark office refusal?
 
Australia
Application to the Federal Court or the Federal Circuit Court in accordance with the rules of those courts.

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
4.3
Can the reviewing body’s decision be appealed? If so, to what body and by what procedure?
 
Australia
A Federal Court or Federal Circuit Court decision can be appealed by notice of appeal filed in the Regional Appeal Registry. Appeals are to the Full Court of the Federal Court (comprising three or more judges).

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers