|Productivity commission's report on intellectual property arrangements in Australia
||Commonwealth Department of Communications and the Arts
|IP Australia should:
|Require those seeking trade mark protection to state whether they are using the mark or ‘intending to use’ the mark at application, registration and renewal, and record this on the Australian Trade Mark On line Search System (ATMOSS). It should also seek confirmation from trade mark holders that register with an ‘intent to use’ that their mark is actually in use following the grace period, with this information also recorded on the ATMOSS
||The Government supports in principle this recommendation.
The Government will ask IP Australia to undertake further research and analysis to determine the sources and extent of any clutter on the trade marks register.
|Require the Trade Marks Office to return to its previous practice of routinely challenging trade mark applications that contain contemporary geographical references (under s. 43 of the Trade Marks Act)
||The Government supports this recommendation. However, some further work is needed to determine the scope of the practice change in the Trade Marks Office.
The Government agrees that geographical terms in trade marks are a particularly contentious issue in relation to misleading and confusing connotations.
|In conjunction with the Australian Securities and Investment Commission, link the ATMOSS (now known as Australian Trade mark search) database with the business registration portal, including to ensure a warning if a business registration may infringe an existing trade mark.
The Government supports in principle this recommendation.
The Government is currently working to establish a single online portal for streamlined business and company registration and is continuing to develop Australian Trade Mark Search to provide additional capabilities. Linkages between these databases to better assist and streamline business decision-making are being explored.