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New Practical Law Commercial resource, Standard document, Letter of consent to the Registrar of Trade Marks

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Practical Law Commercial have released Standard document, Letter of consent to the Registrar of Trade Marks, a template letter addressed to the Registrar of Trade Marks where the owner of prior trade mark rights consents to the use and registration of a trade mark filed under a later application in respect of particular goods and/or services.

A trade mark applicant may be able to overcome a conflicting trade mark(s) objection by filing a letter of consent from the owner of the conflicting trade mark. The Registrar of Trade Marks has a discretion to accept a trade mark application on the basis of "other circumstances" under the provisions of section 44(3)(b) of the Trade Marks Act 1995 (Cth) and a letter of consent may fall within the scope of those provisions.

By Practical Law Commercial Team

Practical Law Australia’s expert legal writers have practical expertise gained from some of the country's leading law firms and corporate legal departments, including Ashurst, Baker & McKenzie, Gilbert + Tobin, Herbert Smith Freehills, the Australian Broadcasting Corporation (ABC) and more. They understand the pressure to deliver timely and cost effective legal advice, which is why Practical Law’s fully maintained practice notes, precedents, drafting notes and checklists offer clear and concise know-how with a practical perspective.

For more information on Practical Law Australia’s legal writing team, visit legal.thomsonreuters.com.au/practical-law-team

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