Privacy statement
IP Australia is bound by the Australian Privacy Principles (APPs) outlined in Schedule 1 of the Privacy Act 1988 (Cth) (Privacy Act) which regulates how entities may collect, use, disclose and store personal information.
The information we may collect includes:
- information that you enter into the tool, including details about your proposed trade mark and data relating to your business (or your client's business)
- your contact details, if you choose to participate in a survey
- information automatically collected about your interactions with the tool (such as the website or materials from which you accessed the tool, mouse click activity, interaction and survey responses).
We use this information to help IP Australia gain a better understanding of its customers' needs and how IP Australia can improve the tool and its other products. If you provide your contact details, we may use these to contact you in relation to the voluntary survey or otherwise about your use of the tool.
IP Australia uses contracted service providers to help administer the tool, and to undertake the voluntary survey. Information collected by the tool may be disclosed to these contractors. IP Australia does not otherwise provide the data provided by our customers to other external parties.
TM Checker is trained internally using historical trade marks data, including data entered into TM Checker by its users.
IP Australia respects your rights to privacy under the Privacy Act and we comply with all the Privacy Act's requirements in respect of collection, storage and use or disclosure of your personal information. Personal information obtained will only be used and disclosed for the purposes outlined above and will not be used or disclosed without your consent, except where authorised or required by law.
Personal information obtained will be stored and held in accordance with IP Australia's obligations under the Archives Act 1983 (Cth). IP Australia's privacy policy explains how to:
- make a privacy complaint
- access or correct your personal information
- contact us.
Disclaimer
IP Australia (IPA) makes this tool available for the benefit of the public. IPA also makes this tool available on the understanding that you will exercise your own skill, care and judgment with respect to its use. For example, you should carefully evaluate the accuracy, currency, completeness and relevance of the information obtained from this tool and draw your own conclusions for your specific circumstances and purposes.
The purpose of this tool is to simplify the user experience and provide efficiencies for users engaging with the trade mark process and potentially registering a trade mark. You should therefore treat all information made available in this tool as a guide only, and should make further independent investigations before relying on any information made available through this tool. This includes the trade mark availability check and any information about goods and services items relevant to your industry.
IPA has taken great care to ensure the material provided in this tool is as correct and accurate as possible. IPA makes no warranty or representation in relation to the use of this tool by users or any third parties. IPA also makes no warranty or representation that the material contained in this tool will be complete or free from error, or if used will ensure compliance with the relevant requirements of trade mark registration.
This tool is not a substitute for receiving legal advice in relation to registration for a trade mark. IPA recommends that users consult an intellectual property professional directly for specific advice in relation to registering a trade mark.
By using the data in this tool, you acknowledge that in no event will IPA be liable for any incidental or consequential damages or loss resulting from use of the data.