trade mark assignment form ip australia

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The Basics of Pulling an IP Address: What You Need to Know

When it comes to understanding the internet, knowing how to pull an IP address is a fundamental skill. An IP address (Internet Protocol address) is a unique identifier that is assigned to each device connected to the internet. It is used to identify and locate a device on the network, enabling communication between two or more devices. In this article, we will discuss the basics of pulling an IP address, including what it is, why it’s important, and how to do it.

What is an IP Address?

An IP address is a numerical label assigned to each device connected to a computer network that uses the Internet Protocol for communication. It uniquely identifies each device on the network and allows data packets to be routed from one device to another. An IP address consists of four numbers separated by periods, such as 192.168.1.1.

Why is Pulling an IP Address Important?

Pulling an IP address can be useful in many situations. For example, if you are troubleshooting a network issue or trying to track down malicious activity on your network, you may need to pull an IP address in order to identify the source of the problem or determine which device is responsible for the malicious activity. Additionally, if you are trying to access a website or service that requires authentication, you may need to pull your own IP address in order to gain access.

How Do You Pull an IP Address?

Pulling an IP address can be done in several ways depending on your operating system and what type of information you need. On Windows systems, you can use the ipconfig command in Command Prompt or PowerShell; on Mac systems, you can use the ifconfig command in Terminal; and on Linux systems, you can use the ip command in Terminal. Additionally, there are websites that allow you to look up your public IP address without having to run any commands or install any software.

In conclusion, knowing how to pull an IP address is essential for understanding how networks work and troubleshooting any issues that may arise with them. With this knowledge in hand, you’ll be able to identify devices on your network and access services that require authentication with ease.

This text was generated using a large language model, and select text has been reviewed and moderated for purposes such as readability.

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Trademark Assignment

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You can assign a trademark during the application process.  Whether the trade mark is in the process of being registered or unregistered, the assignor or the assignee will have to notify the Registrar by lodging a form to record the transfer of ownership, or the trademark’s transmission.

Suitable for the sale of a trademark which is in the process of being registered. Includes:

• Definitions, interpretation
• Terms of Assignment
• Assignor’s warranties
• Further assurances
• General provisions

Include a description of the Trademark in the Schedule, and attach any graphical representations to Annexure A.

Assignment of Trademark Application

A trademark is a word or symbol (it can also be a smell or a colour but these are less common) used to distinguish the goods or services of one seller from those of another.

A trademark can be in the form of a word, phrase, letter, number, sound, scent, logo, picture, symbol, shape, colour, and aspect of packaging or any combination of these.

Registered a trademarks give exclusive rights to use, license or sell that mark for the classes of goods and services in which they have been registered. International trademarks can be acquired via the Madrid Protocol once an Australian trademark has been registered. Registration in Australia confers a National monopoly on the mark.

The legislation governing the registration of trade marks in Australia is found in the Trade Marks Act 1995 (the ‘TM Act’) and the Trade Marks Regulations 1995 (the ‘TM Regulations’). This suite is not concerned with the registration of Trade Marks or other administrative procedures related to the operations of IP Australia.

The administration of the trademark registration system is undertaken by the Australian Trade Marks Office of IP Australia.  IP Australia is an Australian Government agency, having responsibility for administering patents and trademarks, and other intellectual property rights in Australia.

A proprietor of a registered trade mark can stop other persons from using mark on similar goods and services. However, if your client’s trade mark is well known in Australia then your client may be able to prevent another person from using the same or similar words on goods or services that are unrelated to their registered goods or services.

This suite shows you how to transfer ownership of a mark once registered andprovides the necessary documentation to do so.

ASSIGNMENT  OF A TRADE MARK

An assignment of a trade mark requires a form to be lodged with IP Australia. There are no filing fees payable for lodgement of the form. The form may be downloaded from the IP Australia website which can be reached by clicking  here .

In addition to the form, IP Australia requires evidence of the assignment. Any of the deeds of transfer provided with this precedent suite are sufficient.

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What is Assignment of a Trade Mark?

By Akshaya Sivakumar Lawyer

Updated on August 30, 2021 Reading time: 5 minutes

This article meets our strict editorial principles. Our lawyers, experienced writers and legally trained editorial team put every effort into ensuring the information published on our website is accurate. We encourage you to seek independent legal advice. Learn more .

• Trade Mark Ownership & Eligibility
• What is an Assignment or Transmission of a Trade Mark? 

When Can You Assign a Trade Mark?

Rules for certification trade marks and collective trade marks.

• What Happens After Assigning A Trade Mark? 

Key Takeaways

Frequently asked questions.

In Australia, IP Australia, an agency of the Federal Department of Industry, Innovation and Science, regulates trade marks. Therefore, if a business wishes to apply for a trade mark or make any changes to a pending or registered trade mark, it must go through IP Australia . You must assign a trade mark when the ownership of a trade mark passes to another person or legal entity. Below, we explain the process of the assignment of a trade mark and the relevant considerations to take into account. 

Trade Mark Ownership & Eligibility

To be an eligible owner of a trade mark in Australia, the owner must be:

• an individual;
• an incorporated association;
• more than one of these (in the case of multiple ownership);
• an unincorporated association (for a collective trade mark only); or
• a body existing under legislation (for example, a registered charity).

If your business plans to use the trade mark in an entity that you have not formed yet, you can still file the trade mark application as an individual and subsequently assign the trade mark to the new body upon formation.

What is an Assignment or Transmission of a Trade Mark? 

Suppose your business experiences change within its internal structure and is undergoing a process where it is transferring rights or updating ownership. In that case, you must think about the impact on any existing trade marks and ensure you register them under the correct owner. 

This process is called an ‘assignment’ of a trade mark, where the ownership of a pending or registered trade mark passes from one party to another. This can also involve adding or removing any current owners.  

IP Australia records any assignments or changes to the ownership of a trade mark, and you must notify them of any change. This ensures that assignments and transmissions of title that have been effected in the marketplace are entered in IP Australia’s records at the earliest opportunity. This creates records that are an accurate reflection of the real business situation.

The current owner (‘the assignor’) passes the title of the trade mark to the new owner (‘the assignee’). The assignment may change the trademark’s ownership in whole or in part. In practice, this could mean that the assignee owns the trade mark for particular classes of goods and services. However, the assignor still owns the trade mark for the remaining goods and services.

A trade mark can be assigned from one party to another during the application process or even after a trade mark has achieved formal registration. However, whether the trade mark is registered or pending, the assignor or the assignee will have to notify IP Australia by lodging a form to record the transfer of ownership.

As a business or entity lodging the form, you must ensure that the company or individual you assign the trade mark to is eligible to hold the trade mark, i.e., a legal entity.

IP Australia requires you to attach relevant documentary evidence to support the request for assignment. The necessary evidence and forms must be signed and dated by the parties (the previous owner/s and the new owner/s). The most common forms of evidence include providing a:

• deed of assignment;
• letter of assignment;
• sales agreement; 
• declaration;
• certificate of merger; or 
• merger document.

After IP Australia receives the form with the evidence and records the assignment or transmission, the assignee will be considered the trademark’s owner.

If it is a full assignment or transmission for all goods and services registered for the trade mark, then the assignee is taken to be the owner of the trade mark for all those goods and services. On the other hand, suppose it is only a partial assignment or transmission. In that case, IP Australia will create a new application or registration of the trade mark for the partially assigned goods or services, and the assignee is the owner of the new trade mark.

IP Australia has certain rules regarding trade marks filed as a certification or collective trade mark. 

Certification Trade Marks

If the certification trade mark is the subject of a current application for registration that has not yet been examined or is still under examination, you can assign the trade mark. However, if the certification trade mark is under examination and with the ACCC for review, or trade mark registration is already complete, you must consult the ACCC. Additionally, you must provide evidence of its consent to transfer ownership before the assignment occurs. 

Collective Trade Marks

You cannot assign a collective trade mark .

What Happens After Assigning A Trade Mark? 

IP Australia publishes the details of the assignment or transmission in the Official Journal of Trade Marks. IP Australia is obliged to notify any person recorded as claiming an interest in the trade mark of any assignments.

You can assign a trade mark at any stage of the application process or post-registration. This may vary if you have filed the trade mark as a certification or collective trade mark. You must also notify IP Australia of any changes to your business structure that may affect your trade mark. Providing all the necessary information and dated documentation will ensure an efficient transition process for your trade mark assignment. 

If you wish to get further information on the assignment process, a trade mark lawyer can help you ensure that you have protected your trade mark, while avoiding any inconsistencies and breaches of the law. Contact LegalVision’s experienced IP lawyers on 1300 544 755 or fill out the form on this page.

You can, but once you form the business, you will need to assign your trade mark to that business or entity.

You can assign a trade mark during any stage of the application process and ownership. This may vary if you have a certain type of trade mark, such as a collective or certification trade mark.

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What can you do with your Trade Mark: transfer or licence?

Mark lazarus.

• May 30, 2022

Trademarks are an important component of your intellectual property. When selling businesses or collaborating with other partners, you may be required to transfer and share ownership of the assets. You must handle this transfer carefully to protect your interests.

This article covers what trademarks are, how to transfer them – locally and internationally, and the difference between licensing assets and assigning them.

What is a Trade mark?

A trademark is a unique sign or marker used to identify businesses as well as the business’ offerings of goods and/or services. The marks are more commonly the trade name, the logo of the company but can also be slogans, images and visuals or any sounds associated with the brand.

Trademarks are important as they help to cement the brand identity and recognition as the business starts to expand. It helps customers to identify your brand as the mark is used exclusively for the offerings you have registered under them. Additionally, having one protects you legally from infringement by others on your intellectual property.

Transfer Your Trade mark

Transferring your trademark is also technically referred to as an assignment or transmission of the trademark. This means handing over the ownership of the intellectual property and assets to another owner. This owner can be a family member, a business or a business partner.

The transfer can be a partial or full assignment based on the purpose of the change in ownership. For example, if you owned trademarks for chocolates, gift items and stationery, you could choose to partially assign the mark to another entity to use only for stationery items. This way you would retain the ownership of the mark for the gifts and chocolates.

Regardless of whether the transfer is full or partial, it is important to follow the correct procedure.

• The registered owner of the trademark or the person who is being assigned the mark must apply to the registrar to record the transfer.
• The application needs to be in the approved form (as specified on IP Australia). All relevant documentation must be attached to the application.
• The registrar will record and publish the particulars of the assignment.
• The day after the assignment is recorded, the transfer is complete.

Licensing a Trade mark

You may choose to licence your trademark instead of assigning it as part of a marketing strategy when collaborating with other partners. This involves giving the other party permission and rights to use the mark in compliance with the terms and conditions agreed upon in the licensing agreement.

The licensing agreement can detail when and where the trademark can be used and which ones can be used in particular situations. Licensing models become integral for franchise businesses where franchisors licence the use of their trademarks to multiple franchisees. In these cases, the franchisees have a stricter code and agreement to abide by which details the use of all the assets licensed by the franchisor.

There are three types of IP licences issued in Australia.

• Exclusive licence – the licensee gets rights to use the trademark in exclusion of the others, including the licensor.
• Sole licence – the licensor grants the licensee the right to use the trademark and both have rights.
• Non-exclusive licence – both licensee and licensor have rights to use the trademarks. Additionally, the licensor can grant rights to other third parties to use the trademark.

Documents You May Need

For the transfer, the assignment request forms are available on IP Australia. This form will require the following details:

• Full name and address of the new owner.
• Names, and signatures of all the current co-owners. (in case of a co-owner, not being present, their consent should be provided for the transfer to go through).
• Details and numbers of the trademarks being assigned.
• Clear specifications of whether there is a full or partial assignment.

You might also need some additional documents to support your application. The commonly required documents are the following:

• Deeds of assignment;
• Letters of assignment;
• Sales agreements.

All supporting documents must be dated and signed by both the previous and new owners of the trademarks. They should include details of the IP assets being assigned, as well as specifics about the full or partial transfer of ownership.

Transferring Unregistered Trade marks

The process of transferring registered and unregistered trademarks is the same except for one element. For an unregistered trademark to be eligible for transfer, it must have goodwill. Goodwill refers to the reputation and recognition that the brand has built through its name or mark. Goodwill adds to both registered and unregistered marks but is more important for the latter. Goodwill is what makes the mark valuable without which the mark just becomes a generic sign.

Transferring International Trade marks

The Madrid Protocol enables the transfer of international trademarks that have been filed previously. All goods and services that are covered by international registration can be transferred to the new owners. However, you need to ensure that they are eligible for ownership and belong to countries covered by the Madrid system.

The current or new owners can apply for a change in ownership recorded in the International Register. The transfer is requested through the MM5 form and is lodged directly with the International Bureau. The fees for the transfer are also paid directly to the Bureau.

The MM5 form should cover the following:

• Details of the new owners and whether they fulfil the relevant criteria – specifics of their commercial establishment, residence, and nationality.
• Whether the new owner has the required connection to the designated regions/countries.

Key Takeaways

• Trademarks are valuable commercial assets, so it is imperative to ensure the transfer takes place smoothly.
• A change in ownership needs to be communicated to IP Australia to protect your interests.
• To ensure a smooth transfer, make sure that you have all the documentation and information in place.
• In the case of transferring unregistered trademarks, IP Australia need not be informed.
• For transferring international trademarks, follow the guidelines in place by the Madrid system.

Need a Lawyer?

Dealing with and negotiating transfers of trademarks and other IP assets can be tricky. Before you start the process, it is important to conduct your due diligence regarding the new owners and co-owners. Additionally, you may require detailed and well-crafted licensing agreements to safeguard your assets and commercial interests.

An expert IP lawyer can help you register your IP assets, protect them and tackle any paperwork and applications required when transferring or licensing them. They can also aid you in negotiating deals that protect and serve your business interests and protect you from any legal concerns that may arise later. If you are looking for an IP lawyer to help you with an IP asset transfer or looking for business lawyers to consult for your business, the solicitors at Lazarus Legal are present to meet all your legal needs. Connect with them today to discuss your legal concerns.

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Mark Lazarus, the visionary behind the business and the fresh blood of the Lazarus Legal team, Mark (or Laz as he is often known) owes much of his success to his past experiences. And he’s made it his personal goal to bring that wisdom and formula to the firm.

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CWS/ATR/TM/2020/AU

• Created by Craig Stokes , last modified on Sep 13, 2021

Annual Technical Report on Trademark Information Activities in 2020 submitted by IP Australia

I. general overview of recent developments in trademark information activities carried out by the office.

Outline of main policies and plans aimed at development of trademark information activities and expected time frames for their realization

IP Australia’s vision is to deliver world leading IP services that are modern, effective and efficient to ensure all Australians benefit from great ideas, through administration of IP rights including trade marks. While focus on innovation and being a leader in digital services will continue, demand for IP rights was expected to fall across the globe due to COVID-19. As a result of the projected impacts of the COVID-19 pandemic, IP Australia chose to reduce capital investment budget in 2020-21 and focus on critical activities that transform service delivery for the benefit of our customers, including on tools to support trade mark examination and administration.

New projects launched or resumed this year in the context of the policies and plans mentioned above, short description: aims, partners, tasks

IP Australia continues to develop the trade mark database, TM-Link.  TM-Link enables matching of trade marks across jurisdictions and already includes more than 10 million trade marks from Australia, Canada, the European Union and the United States. TM-Link utilises a neural network to identify equivalent trade marks in different jurisdictions and assign them a common identification marker which is then used to link trade marks across jurisdictions. Trade marks are first identified as potential matches by considering similar trade mark text, applicant names and Nice classes. Work is underway to automate the regular updates of data and to expand the dataset to include countries within the Asia-Pacific region.

IP Australia has developed the Australian Trade Mark Search API which provides users with an API alternative to the in-depth Australian Trade Mark Search user interface. It allows users to search for trade marks using a range of fields and filters.

Main areas of trademark information activities and related information and communication technology (ICT) practices which were in the focus of attention last year

IP Australia has recently delivered the Rights In One (RIO) internal administrative system. RIO electronically receives, processes and monitors IP right cases and their related customer interactions. The system includes document management, correspondence generation and decision support functionality which span a complex array of quasi-legal business processes unique to the IP system.

Since online transactions now account for more than 98 per cent of IP Australia’s approximately 850,000 customer service interactions each year, the RIO Program has delivered better customer service delivery and improved internal efficiencies.

RIO has enabled the decommissioning of more than twenty legacy systems including a thirty year old mainframe with commensurate maintenance and operational savings.

The capture, filing, publishing and correspondence for a trade mark application is fully automated. The first step for a user is the indexing process, which has been partially automated for word trade marks.

RIO includes a suite of new specialist tools for trade mark examiners that allow them to manage their own search and research work in support of their examination decisions. The tools include a new trade mark search system optimised for the needs of examiners, some automated research tools that inform examiners about facts of the trade mark (geographical location, dictionary meaning, common surname, etc.), tools to capture internet research, assess whether goods and services are acceptable, and allow examiners to raise objections and capture objection reasons in a ‘case based’ dashboard.

RIO is now in a continuous improvement stage, with high level backlog items being delivered each year, along with continuous improvement user prioritised sprints fixing bugs and delivering value to users.

Key points for 2020

• Continued automation of simple rules-based processes to deliver value to customers and users.
• Dedicated extension of time (case management) functionality.

Improvements in providing data to the public for analytical purposes and for internal reporting

The Data Front Door & Analytics team was established as the single point of contact for data services. The team develops open data products for release, provides information for operational, corporate and strategic planning processes and provides analytics and data services tailored to internal and external audiences. The team also plays a role in supporting IP Australia’s Senior Executives with evidence-based advice to guide strategic and business decisions.

IP Government Open Data (IPGOD) is an open dataset that covers each of the four types of IP rights administered by IP Australia (Patents, Trade Marks, Designs and Plant Breeder’s Rights) and captures information on the application process and its results. This is updated annually.

Data extraction methods have continued to be improved to maximize the accuracy, reliability and data coverage of the IPGOD product. Notably, IP Australia has improved its approach to entity resolution, providing a consistent identifier for filing activities of entities and organisations across all four IP rights. To enable this, organisation name variations have been batched and consolidated, so where applicants have provided variants of their name, such as P/L, Pty Limited and Pty Ltd, these variations have been grouped together as a single applicant.

Intellectual Property Longitudinal Research Data (IPLORD) is an Australian snapshot of the IP rights that Australian and international applicants file for each year and accumulate over time. Recently, we have expanded the coverage of the data to include the filing activities of applicants over the history of the Australian IP Right System.

We have revised our IPLORD product to work with IPGOD’s enhanced entity resolution algorithm. It also expands on previous editions to now include over 200 fields. The updated IPLORD dataset will be available in late 2021. 

Statistics: changes in terms of application filings and registrations with respect to previous year; trends or areas experiencing rapid changes

Other matters and useful links (URLs): annual report of the Office, news page, statistics, etc.

https://www.ipaustralia.gov.au/about-us/research-and-data

Annual Report

https://www.ipaustralia.gov.au/about-us/research-and-data/australian-ip-report

Latest news

Latest news is featured on the home page of IP Australia's website:

http://www.ipaustralia.gov.au/

Trade marks Search System

https://search.ipaustralia.gov.au/trademarks/search/quick  

https://www.tmlink.net.au

Trade mark data sources

IPGOD - Intellectual Property Government Open Data—is a publicly available data set that provides access to over 100 years of information from IP Australia on IP rights applications.

  https://www.ipaustralia.gov.au/about-us/research-and-data/ip-government-open-data

IPLORD - Intellectual Property Longitudinal Research Data is the annual snapshot of the stocks and flows of intellectual property (IP) rights for 362,990 Australian and 253,285 international applicants over 20 years. 

https://data.gov.au/dataset/ds-dga-41383895-e0ea-4904-b3e1-ae5b938e82a5/details?q=

IP NOVA - IP Nova is a visual immersive search engine that helps users discover registered patents, trade marks, designs and plant breeder’s rights from IP Australia’s database.

  https://ipnova.ipaustralia.gov.au/#/  

II. SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE

Information and support provided by the Office to applicants regarding filing on paper and/or e-filing (instructions, seminars, etc.) - URLs

IP Australia provides information on its website to support applicants filing. If required, IP Australia provides further support through our contact centre or online enquiry channels.

https://www.ipaustralia.gov.au/trade-marks/managing-your-trade-mark/international-trade-marks 

Availability of the application dossier in electronic form

https://search.ipaustralia.gov.au/trademarks/search/quick

Bulk Data service is available here:

https://www.ipaustralia.gov.au/about-us/doing-business-us/bulk-data-products

The bulk data trade mark offering underwent some improvements in 2018. Details are here:

https://www.ipaustralia.gov.au/files/importantchangestoipaustraliastrademarkbulkdataproductdocx

Matters concerning classifying (i) Classification and reclassification activities; classification systems used, e.g., International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), International Classification of the Figurative Elements of Marks (Vienna Classification), other classification

No comment provided.

(ii) Use of electronic classification systems and pre-defined terms of the classification applied

Australia classifies goods and services according to the Nice Classification. Australia updated the 11th Edition of Nice (2021 update), with all applications filed on or after that date being classified according to the 11th Edition.

Australia does not use the Vienna Classification scheme to classify the figurative elements of marks. Rather, figurative elements are classified (and searched) according to a glossary of device terms developed by the Office. For example, the WIPO device is indexed as follows:

2 CONCENTRIC

5 BOOK,OPEN

6 GRAIN,EAR

8 WHEEL,GEAR

9 MUSICAL-INSTRUMENT

10 CIRCLE+ 11 ROUND

12 ROUND+ Each device term may then be used as a search criteria, either singularly or in combination, in order to locate marks with similar device characteristics.

Applicants are not obliged to use pre-defined classification terms. Checking of goods or services statements is performed manually where the statement is furnished by the applicant.

An on-line application form (e-form) allows selection of goods/services relating to a Trade mark via a set of pre-defined classification terms (Pick-list). About 46% of electronic filers use the Pick-list functionality. Goods and services statements provided via the Pick-list functionality require no manual checking.

The terms in the Pick-list are also those which form the basis of the Goods and Services help within Australian Trade Mark Search, the trade marks Office searchable database.

As mentioned above, the trade mark e-form gives applicants the choice to use a pre-defined set of terms (Pick-list) at reduced cost or alternatively to specify their own goods/services.

Matters concerning processing of different types of non-traditional marks (e.g., three-dimensional, motion, hologram, color mark, etc.)

No comment provided here.

Other activities

III. SOURCES OF TRADEMARK INFORMATION PROVIDED BY THE OFFICE

Main types of publications in the field of trademark information, outline of the content and medium (on paper, on CDs, online - URLs)

The Official Journal is now the Australian Trade Marks Search (ATMS). This Journal is available on-line, free of charge, via the IP Australia web site ( https://search.ipaustralia.gov.au/trademarks )  and contains both bibliographic text and images.

A consolidated version of The Australian Official Journal of trade marks was published until the 8 th of June, 2021. This version of the Journal is available on-line, free of charge, via the IP Australia website and contains both bibliographic text and images.

https://search.ipaustralia.gov.au/trademarks/journals

Examination Reports are generated electronically and are issued to customers online via IP Australia’s online portal.    https://portal.ipaustralia.gov.au/login

Official Gazettes: main types of announcements, frequency of publication, medium (on paper, on CDs, online, URL), etc.

It has replaced the journal that was produced as a daily pdf since November 2018.  The link is still active here: https://search.ipaustralia.gov.au/trademarks/journals .

PDFs produced before November 2018 are still available here: http://pericles.ipaustralia.gov.au/ols/epublish/content/olsTrademarkPDFs.jsp  

Information included:

- Applications Filed

- Applications Accepted for Registration

- Amendments, Changes and Corrections

- Applications Lapsed, Withdrawn and Refused

- trade marks Registered

- Assignments, Transmittals and Transfers

- Cancellation of Entries in Register

- Extensions of Time

- Renewal of Registration of trade marks

- Opposition Proceedings

The IP Australia website also provides access to a variety of forms and publications, IP Legislation, Official Notices, Hearings Decisions, Practice & Procedure Manuals, etc.

The catalogue of bibliographic data on trade marks can be purchased from IP Australia.

Information on IP Australia’s Bulk Data Products can be found at:

Information products (coverage, medium, etc.) available to examiners, including external documentation and databases

The primary business system used by trade marks examiners is RIO. This system maintains the data relating to trade marks, including bibliographic data and documents, and is used for electronically receiving, processing and monitoring IP right cases and their related customer interactions.

Once a trade mark is indexed an examination task is created and assigned to a queue for examination. This task is used to launch the examination dashboard, where substantive examination is performed.

The examination dashboard is a suite of specialist tools for trade mark examiners that allow them to manage their own search and research work in support of their examination decisions. The tools include a new trade mark search system optimised for the needs of examiners, some automated research tools that inform examiners about facts of the trade mark (geographical location, dictionary meaning, common surname, etc.), tools to capture internet research, assess whether goods and services are acceptable, and allow examiners to raise objections and capture objection reasons in a ‘case based’ dashboard.

Correspondence is created within the examination task. RIO retrieves any issues identified during examination from the examination dashboard and prepares the appropriate template for examiners to author.

Information products (coverage, medium, etc.) and services available to external users; conditions of access (e.g., free of charge, subscription, etc.)

Australian Trade Mark Search (ATMS) is used by external users to search for trade marks and their bibliographic information. It is free of charge and is not subscription based.

Legal status information (kind of information, coverage, medium, etc.)

Australian Trade Mark Search (ATMS) is used by external users to search for trade marks and their legal status information.

Other sources

IV. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE

Specific software tools supporting business procedures within the Office: general description, characteristics, advantages, possible improvements

Online Application portal (Replacing eServices) Bespoke interactive cloud-based website for self-filers to file applications and manger existing IPRs.  https://portal.ipaustralia.gov.au/login

B2B API channel allows professional IP service providers to submit applications and manage IPRs via APIs https://www.ipaustralia.gov.au/api-transaction-channel

Order Management Workbench (OMW) is a web-based interface which allows formalities staff to enter paper based applications and manually correct issues and errors with filings. It is a bespoke java application.

Rights In One (RIO) is the primary business system for trade marks administration and examination. It runs on a PEGA Case Management system.

Hardware used to supporting business processes of the Office

IP Australia uses commercial laptops with Windows 10 Operating system and MS365 office productivity tools. MS Teams and SharePoint are being introduced as our primary collaboration technologies.

Online and B2B via API IPR application and management tools are all cloud based.

IP Australia’s legacy systems have been moved off premises and moved into offsite, commercial shared data centres and high available containerised architecture has been applied to majority of critical business applications

Remote Access: Since the beginning of the Covid-19 pandemic, lockdowns required most staff to work from home (WFH) for an extended period. Reliance on, and capability for remote access matured quickly. IP Australia implemented a Future Ways Of Working program in 2019 to facilitate more geographically diverse staff, allowing more staff to work from home more often. As this capability was established prior to the pandemic, IPA was able to pivot to WFH during lockdowns as compared to other organisations without remote working capability.

Internal databases: coverage, updates, interlinks with external sources

The primary business system is RIO which runs in an environment which is being migrated to the cloud.

Establishment and maintenance of electronic search file: file building, updating, storage, documents from other offices included in the search file

File building

The primary business system for trade marks is RIO. This system maintains the data relating to trade marks, including bibliographic data and documents. A RIO case is established for each trade mark application on filing. This has an automated workflow that captures, files, publishes and sends notices to the relevant parties.

RIO creates cases as user requests (correspondence) are received from customers via the digital transactional channels. Each case has a specific workflow and assessment criteria to assist users in the processing of the task.

RIO adds documents to the database and prepares structured data (if submitted) within the relevant workflow for a user to action (e.g., apply an amendment) or reject (e.g., not apply an amendment if the requirements for amendment are not met).

RIO also contains the search material considered by the examiner during substantive examination, and information relating to Opposition matters if the application proceeds along this path.

Administrative management electronic systems (register, legal status, statistics, and administrative support)

Other matters

V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF TRADEMARK INFORMATION

Office's library (if deals with trademark information): equipment, collection management, network of libraries in the country, cooperation with foreign libraries

Collection management, preservation

All Australian trade mark records/documents are handled in accordance with Office procedures set down under Australian Law and archiving practices.

Publications related to different business procedures and trademark information sources available to users, for example, books, brochures, Internet publications, etc.

IP Australia provides useful links and information on a wide range of information related to intellectual property via IP Australia’s website.   http://www.ipaustralia.gov.au/

The Transactional Digital Services (TDS) Program has successfully transformed IP Australia’s digital business model. TDS developed a contemporary and customer centric API-led platform which allowed IPA to reimagine the transactional experience for our customers. Leveraging this modern API ecosystem, the program completely redeveloped our B2B service offering for progressive customers and released this channel into production in 2019. The program recently delivered IP Australia’s new online services website experience. By utilising customer led delivery, the platform has significantly reduced red tape and made accessing the IP system simpler for all Australians. The completion of the program has now cemented IP Australia at the forefront of digital government services.

IP Australia maintains   Trade Mark Assist , as part of the Business.gov.au service to Australians to help them start a business. Trade Mark Assist is an online tool using machine learning to provide real-time information specific to user circumstances and reduces complexity and common applicant errors in trade mark applications. TM Assist was launched in 2017 and the promotion campaign called ‘build your business from the brand up’ featured case studies from Australian businesses.

Cooperation with universities, technology and innovation support centers, etc.

IP Australia works with universities, government agencies and industry bodies to reach businesses across Australia. IP Australia provides a contemporary website with rich digital content, on-demand webinars, video case studies, written case studies, a customised portal for small and medium enterprises and social media messaging to increase awareness and understanding of IP rights information.

2020-2021 efforts have been hindered by COVID-19 and there has been a ‘pivot’ or shifting of priorities to deliver information via virtual channels. IP Australia has increased the number of on-demand webinars and have a robust plan in place to keep developing new material. The use of social media channels has increased, in particular LinkedIn and Facebook, with an emphasis on directing businesses to the content on the website and to the on-demand webinars and virtual sessions run with partners.

Exporters, Small to Medium Sized Enterprises (SMEs) and indigenous business are three areas where IP Australia is focusing efforts.

For exporters, IP Australia maintains an ongoing relationship with the Export Council of Australia (ECA), providing IP materials that assist Australian businesses when exporting. IP Australia and the ECA cross-promote events, programs and speaking opportunities. IP Australia has also partnered with universities, supporting exporting programs with virtual presentations and showcase relevant material via the website. The appointment of a new IP Counsellor in China provides expertise to guide and connect Australians with the China innovation system. This IP Counsellor helps Australian companies make the most of their IP in China and other international markets. The counsellor has recorded on –demand webinars and facilitated information sessions and webinars for exporters.

For SMEs, IP Australia launched a customised ‘SME Portal’ enabling business to navigate the broad range of resources easily, providing easy links to toolkits, on-demand webinars, case studies, fact sheets and other relevant information, streamlining the customer experience. IP Australia has partnered with regional business chambers and enterprise centres, delivering virtual sessions to showcase via the SME Portal. IP Australia have continued strong engagement with other government agencies, leveraging grant and support programs. Where these programs have business facilitators who work ‘on the ground’ with SMEs, a ‘train the trainer’ product is being introduced to enable them to speak about IP with confidence, increasing reach and impact.

For indigenous business, IP Australia is developing customised products and identifying relevant channels that will achieve maximum impact and reach into indigenous business communities in urban, rural and remote areas. By partnering with Aboriginal Arts foundations, other government agencies and university programs, IP Australia is able to leverage networks to further knowledge regarding IP. A bespoke indigenous business portal is being developed on the website and is developed to be fit for purpose, with customised education products.

Education and training: training courses, e-learning modules (URLs), seminars, exhibitions, etc.

’ Upskill ’ is IP Australia’s online e-learning program that helps small business understand the basics of trade marks. This five-step education program is designed to support self-filers in developing and submitting their trade mark application.

IP Australia is working in partnership with AusIndustry’s Entrepreneurs Program, AusTrade, CSIRO, state-based innovation networks, university innovation hubs and a broad range partners, facilitating webinars and information sessions on the foundations of intellectual property and providing access to fact sheets, on-demand webinars. Information sessions are run with subject matter experts from the examination group.

The ‘ SME Portal ’ is a one-stop web page for business to quickly navigate the range of resources, toolkits, case studies and information.

VI. INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF TRADEMARK INFORMATION

International exchange of trademark information in machine-readable form (e.g., Official Gazettes)

International exchange of patent information can be done using IP Australia’s trade marks bulk data products : https://www.ipaustralia.gov.au/about-us/doing-business-us/bulk-data-products .

IP Australia in engaged with the Committee of WIPO Standards (CWS) and participates in the development of standards for IP Offices to exchange data in automated, machine readable ways.

Participation in international or regional activities and projects related to trademark information

In 2020, IP Australia held a technical cooperation workshop with EUIPO, with the IP Office of New Zealand also attended. The focus was on trade marks and designs classification.

IP Australia also completed a virtual examiner exchange with China National Intellectual Property Administration (CNIPA) and the focus was on China’s trade mark classification system, the Madrid Protocol, new types of trade marks and Chinese character trade marks.

Assistance to developing countries

WIPO Funds-in-Trust

IP Australia provides assistance to developing countries through WIPO Funds-In-Trust. Due to the global COVID-19 pandemic, FIT activities were paused for most of 2020. The program has now been extended to December 2021, and due to ongoing travel restrictions, activities have been redesigned where possible to be delivered virtually.

VII. OTHER RELATED MATTERS

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