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