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I have an adverse examination report from IP Australia that refuses my trade mark. Adverse Examination Report The following issues have been raised under the Trade Marks Act 1995 and will need to be addressed before yourtrade mark can be accepted. o Issues raised under Section 41 of the Trade Marks Act 1995. o The application has formalities issues Issues raised under Section 41 of the Trade Marks Act 1995. Section 41 - Trade mark not distinguishing applicant's goods or services A ground for rejecting an application must be raised if the trade mark you are seeking to register is not capable of distinguishing your goods or services. A trade mark is not capable of distinguishing goods or services if: 1) It has an ordinary signification (i.e. meaning) to anyone in Australia purchasing, consuming, or trading in the relevant goods and/or services. AND 2) It is likely other traders would desire to make honest use of the trade mark, or one very nearly resembling it, for its ordinary signification in connection with similar goods and/or services. Your trade mark is LOAN DONE. The trade mark LOAN DONE is comprised of ordinary English words that have a clear and direct meaning when considered in relation to the services claimed. When used in relation to the services claimed in Class 36 the words LOAN DONE will be readily understood by consumers as meaning that a loan has been completed, finalised or successfully arranged. This trade mark therefore directly describes the nature, purpose or result of the services rather than act as a badge of origin. Other traders should be able to use the words LOAN DONE or something so nearly resembling it in connection with their similar or closely related goods or services. SUPPLYING EVIDENCE OF USE: You might be able to overcome this problem if you supply evidence of use in terms of subsection 41(3) of the TradeMarks Act 1995. Any evidence would need to be very extensive and very persuasive. For information about how to supply evidence of use of a trade mark under subsection 41(3) of the Trade Marks Act1995 , please refer to the information titled Providing Section 41 evidence on our website, available at [login to view URL] The application has formalities issues Your application indicates that this trade mark is owned by: LOAN DONE You have also provided the ACN/ABN/ARBN details for: 154 149 149 PTY LTD The listed owner of this trade mark appears to be a business name. The owner of a trade mark must be clearly identified as a specific legal entity with the legal right to own property (including trade marks). A business name is insufficient for this purpose. What you can do now Please request an amendment, in writing, to amend the owner of this trade mark to the legal entity identified in the ACN/ABN/ARBN. OR Please provide the full name and address of the legal entity which owns this trade mark. If this is a corporate entity, please ensure the appropriate legal identifiers are made explicit (such as PTY LTD). If this is a private individual, please provide their full name without initials. Please also request an amendment, in writing, to amend the ownership details accordingly. Uploaded Logo PDF report for reference
Projektin tunnus (ID): 40233739
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12 freelancerit tarjoavat keskimäärin $184 AUD tätä projektia

Greetings, I provide patent and trademark paralegal services, assisting clients with intellectual property matters before the USPTO, UKIPO, CIPO, AUIPO, NZIPO and EUIPO. I support IP filings and prosecution by preparing and organizing applications, responses, and related documentation, with a focus on accuracy, procedural compliance, and efficiency. My objective is to deliver high-quality work within realistic timelines required for careful and reliable preparation. I would be glad to discuss your intellectual property matter in more detail. Regards.
$330 AUD 1 päivässä
7,9
7,9

As a seasoned Attorney, I bring to the table over 11 years of experience in dealing with diverse legal issues, including Intellectual Property. During my professional journey, I've dealt with situations similar to your current one; adverse examination reports on trademarks. Most importantly, I've successfully assisted my clients to overcome such barriers and have their trademarks registered. My expertise in thoroughly understanding the Trade Marks Act 1995 will be greatly beneficial in your case as it clearly outlines the sections you need to address in order for your trade mark to get accepted. In addition, my skills in drafting evidence demands and submissions come handy here as per the requirement of subsection 41(3) of the Act. Overpowering this formal clearance via conviction-laden evidence is a job I excellently do. Moreover, I can assure you of more than 'legal consultancy,' what Ahmed Nawaz Legal Consultancy Service SMC-Private Limited stands for is finding pragmatic solutions. I never rest before reaching a fully customized solution that best answers your specific needs and compulsion. My passion is to help businesses protect and grow their intellectual assets, and registering your trade mark is an important step towards that. Let's work together to solidify your brand presence while ensuring compliance with all relevant legal procedures.
$250 AUD 1 päivässä
6,3
6,3

As your Australian trademark attorney, I bring to the table an informed understanding of Intellectual Property (IP) Law, specifically the Trade Marks Act 1995 - a powerful tool you'll need to employ in tackling the adverse examination report from IP Australia. My ten years of legal experience coupled with a specialization in Corporate Law and thorough grasp of legal frameworks attest to my ability to navigate complex issues promptly and effectively. The report questions if your trade mark 'LOAN DONE' sufficiently distinguishes your goods and services. I'm confident that, based on your products, there's a strong case for establishing distinctiveness which can be supported by evidence. I've dealt with similar cases before where extensive and persuasive arguments have proven successful in overcoming such objections, as suggested in subsection 41(3) of the Trade Marks Act 1995. In addition to my legal acumen, I also possess advanced Excel automation, VBA programming and data analysis skills which will be crucial for managing copious amounts of evidentiary information as well as meeting any formalities issues that needs resolving. Hiring me means enlisting not just an expert in law but an individual who understands how to transform complexity into comprehensible insights. Let's join forces; together we can overturn this decision and get your trade mark approved.
$100 AUD 3 päivässä
4,4
4,4

I am a legal professional specializing in contracts, legal research, employment law, litigation support, and legal writing, delivering clear, well-researched, and practical legal solutions. My approach focuses on accuracy, confidentiality, and aligning legal work with client objectives. I would be glad to discuss your requirements and provide tailored legal support for your project.
$30 AUD 1 päivässä
3,9
3,9

As an experienced attorney, I've dealt with numerous trademark infringement and opposition cases throughout my career, making me the perfect candidate for your project. My understanding of Australia's Trade Marks Act 1995 in particular, would be advantageous in addressing IP Australia's issues raised under Section 41. I am equipped to thoroughly analyze the chances of overcoming the adversity and provide persuasive evidence of usage if necessary. Furthermore, I bring a diverse skill set covering Corporate Law and Legal Consultation which makes me uniquely qualified to assist with your formality issues as well. I can easily handle requests for amending legal entities and navigating the complex processes involved with trade mark ownership adjustments. In choosing me for this task, you'll not only have a seasoned legal professional on your side but someone who genuinely understands the complexities that come with trade mark registration. My commitment to fighting for my clients' rights combined with my adeptness in Legal Research and Writing will ensure your trade mark is given the best possible chance of being accepted. Don't let a setback prevent your brand from receiving adequate protection; together, we can turn this around!
$200 AUD 1 päivässä
3,4
3,4

With a background in corporate and intellectual property law, I am confident that I can effectively address the issues raised in your Adverse Examination Report from IP Australia on your LOAN DONE trademark. As an experienced legal consultant and researcher, I have always been meticulous in my work, ensuring it is thorough and persuasive. Not only can I provide extensive evidence of use to overcome the Section 41 issue, but as a proficient writer, I can present your case with utmost clarity and effectiveness to IP Australia. It seems there are also formalities issues with the listed owner of your trademark. Being well-versed in corporate law, I am familiar with the precise legal entities necessary for owning property such as trademarks. I can swiftly rectify this matter by requesting an amendment on your behalf to replace the current business name information with pertinent legal entity details or provide the full name and address of the actual owner where applicable. let's turn this adverse situation around!
$250 AUD 7 päivässä
3,2
3,2

I would be pleased to assist you in preparing a comprehensive and persuasive response to the Adverse Examination Report issued by IP Australia. I understand that the objection under Section 41 of the Trade Marks Act 1995 relates to distinctiveness concerns regarding “LOAN DONE,” as well as formal ownership discrepancies in the application. I can draft a well-structured legal submission addressing the examiner’s reasoning, arguing distinctiveness (or acquired distinctiveness, if applicable), and ensuring the response is aligned with Australian trademark law standards. Additionally, I will prepare the necessary written amendment to correctly identify the legal entity owning the mark and resolve the formalities issue. If evidence of use is required, I can assist in organizing and drafting a clear, persuasive evidentiary submission. The final response will be professionally formatted, precise, and ready for filing. I am happy to review the uploaded logo report immediately and can confirm turnaround time upon discussion.
$100 AUD 4 päivässä
0,0
0,0

I have just completed a similar project. I successfully guided a client through overcoming Section 41 objections by crafting persuasive evidence of use and addressing formalities for trade mark registration. You won’t find a specialist better aligned with what you’re looking for. I understand the importance of clear legal entity identification and compelling evidence when responding to IP Australia’s adverse examination reports. I specialize in transforming complex business requirements into high-converting, user-centric digital assets and legal submission strategies that secure intellectual property rights. I’d love to chat about your project! The worst that can happen is you walk away with a free consultation. Regards, Bjork Bronkhorst
$200 AUD 7 päivässä
0,0
0,0

Wendouree, Australia
Maksutapa vahvistettu
Liittynyt lokak. 1, 2012
$30-250 AUD
$10-30 AUD
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$30-250 AUD
$2-8 USD/ tunnissa
$250-750 CAD
$250-750 USD
₹1500-12500 INR
₹12500-37500 INR
₹1500-12500 INR
₹12500-37500 INR
$30-250 USD
₹12500-37500 INR
$250-750 USD
$15-25 USD/ tunnissa
₹1500-12500 INR
$10-30 USD