5. Entry of a disclaimer

A disclaimer may be entered on the register by the owner of a trade mark under section 69 of the Act, which reads as follows:

The owner of a trade mark may disclaim any right to the exclusive use of any part of the trade mark.

Regulation 138 of the Regulations sets out the necessary formalities when an owner requests the entry of a disclaimer in the register pursuant to section 69 of the Act.

A request to enter a disclaimer must be in writing¹¹ and contain the following information:¹²

1. The owner’s name;
2. If the owner has an agent, the agent’s name;
3. The registration number to which the disclaimer relates; and
4. A description of the part of the mark that is disclaimed.

Where the request to enter a disclaimer is accepted, the Commissioner will enter the disclaimer in the register and notify the owner of the entry.

Footnotes

¹¹ See regulation 138(1) of the Trade Marks Regulations 2003.

¹² See regulation 138(2) of the Trade Marks Regulations 2003.