1) The definition of a mark has been broadened to include any sign capable of distinguishing the goods or services of a person in respect of which it is registered from the goods or services of another person and may include any sign that is capable of being represented graphically, including letters, numerals, aspects of packaging, shapes, colors, sounds and even smells.

2) The distinction between Part A and Part B of the Register has been abolished. We have been given to understand that the standard of registrability under the old Act for registration in Part B will be the test for all registrations under the new Act.

3) Collective marks may be registered.

4) A single application may cover several classes of goods and/or services.

5) If two or more applications covering the same trademark in the name of the same applicant in different classes were pending prior to January 1, 1996, but not yet officially accepted, it will be possible to amalgamate such applications into a single multi-class application, subject to payment of additional fees.

6) Both the initial term of a registration and the renewal period are now 10 years.

7) The term for filing an opposition will remain 3 months from the date of publication, but an extension of time to oppose will only be available on limited justifiable grounds.

8) An action for infringement is now available against the unauthorized use of a confusingly similar mark, not only in respect of the goods or services covered by the registration, as was previously the case, but also in respect of goods and services not covered in the registration which are so similar that a likelihood of deception or confusion exists. An action for infringement is also available against the unauthorized use of a mark in relation to dissimilar goods, if such mark is similar to a registered mark that is well-known in Australia and the interests of the registrant are likely to be affected adversely.

9) The onus of proving non-use in an action for removal of a mark from the Register no longer falls on the party alleging non-use, but rather the proprietor of the mark has the burden to prove use during the relevant 3-year period. An application for removal of a trademark on the basis of non-use may not be made before a period of 5 years has elapsed since the filing of the application for registration of the mark.

10) It is no longer necessary to record trademark licenses, although recordal remains available and is recommended in certain cases. The new Act recognizes the concept of "authorized use" under which the use of a trademark by a licensee under proper controls of the trademark owner is deemed to be use by the trademark owner.

11) Applications filed under the former Act and not accepted by January 1, 1996, will be examined under the new Act. Cancellation actions and infringement actions commenced before January 1, 1996, will be governed by the former Act.