- Trade Marks Act 1995
- Act No. 119 of 1995 as amended
- READER’S GUIDE
- Contents
- Part 1—Preliminary
- Part 2—Interpretation
- Part 3—Trade marks and trade mark rights
- Part 4—Application for registration
- Part 5—Opposition to registration
- Part 6—Amendment of application for registration of a trademark and other documents
- Part 7—Registration of trade marks
- Part 8—Amendment, cancellation and revocation of registration
- Part 9—Removal of trade mark from Register for non-use
- Part 10—Assignment and transmission of trade marks
- Part 11—Voluntary recording of claims to interests in andrights in respect of trade marks
- Part 12—Infringement of trade marks
- Part 13—Importation of goods infringing Australian trademarks
- Part 14—Offences
- Part 15—Collective trade marks
- Part 16—Certification trade marks
- Part 17—Defensive trade marks
- Part 17A—Protected international trade marks under theMadrid Protocol
- Part 18—Jurisdiction and powers of courts
- Part 19—Administration
- Part 20—The Register and official documents
- Part 21—Miscellaneous
- Part 22—Repeal and transitional
- Notes
- List of terms defined in section 6
- An Act relating to trade marks
- Part 1—Preliminary
- Part 2—Interpretation
- 6 Definitions
- 6A Periods expressed in months
- 7 Use of trade mark
- 8 Definitions of authorised user and authorised use
- 9 Definition of applied to and applied in relation to
- 10 Definition of deceptively similar
- 11 Definition of pending
- 12 Definition of priority date
- 13 Definition of remove from the Register
- 14 Definition of similar goods and similar services
- 15 Definition of originate in relation to wine
- 16 Definition of repealed Act
- Part 3—Trade marks and trade mark rights
- 17 What is a trade mark?
- 18 Certain signs not to be used as trade marks etc.
- 19 Certain trade marks may be registered
- 20 Rights given by registration of trade mark
- 21 Nature of registered trade mark as property
- 22 Power of registered owner to deal with trade mark
- 23 Limitation on rights if similar trade marks etc. registered bydifferent persons
- 24 Trade mark consisting of sign that becomes accepted as signdescribing article etc.
- 25 Trade mark relating to article etc. formerly manufactured underpatent
- 26 Powers of authorised user of registered trade mark
- Part 4—Application for registration
- Division 1—General
- 27 Application—how made
- 28 Application by joint owners
- 29 Application for registration of trade mark whose registration hasbeen sought in a Convention country—claim for priority
- 30 Particulars of application to be published
- 31 Registrar to examine, and report on, application
- 32 Registrar to decide on disputed classification of goods etc.
- 33 Application accepted or rejected
- 34 Notice etc. of decision
- 35 Appeal
- 36 Deferment of acceptance
- 37 Lapsing of application
- 38 Revocation of acceptance
- Division 2—Grounds for rejecting an application
- Division 3—Divisional applications
- Division 4—Application for registration of series of trademarks
- Part 5—Opposition to registration
- Division 1—General
- Division 2—Grounds for opposing registration
- 57 Registration may be opposed on same grounds as for rejection
- 58 Applicant not owner of trade mark
- 58A Opponent’s earlier use of similar trade mark
- 59 Applicant not intending to use trade mark
- 60 Trade mark similar to trade mark that has acquired a reputationin Australia
- 61 Trade mark containing or consisting of a false geographicalindication
- 62 Application etc. defective etc.
- 62A Application made in bad faith
- Part 6—Amendment of application for registrationof a trade mark and other documents
- 63 Amendment of application for registration of trade mark
- 64 Amendment before particulars of application are published
- 65 Amendment after particulars of application have beenpublished—request for amendment not advertised
- 65A Amendment after particulars of application have beenpublished—request for amendment advertised
- 66 Amendment of other documents
- 66A Registrar may require certain requests to be in writing
- 67 Appeal
- Part 7—Registration of trade marks
- Division 1—Initial registration
- Division 2—Renewal of registration (generan( �/A>
- Division 3—Renewal of registration (registration delayedfor 10 or more years after filing date)
- Part 8—Amendment, cancellation and revocationof registration
- Division 1—Action by Registrar
- Subdivision A—Amending Register
- Subdivision B—Cancelling registration
- Subdivision C—Revoking registration
- Division 2—Action by court
- 85 Amendment to correct error or omission
- 86 Amendment or cancellation on ground of contravention ofcondition etc.
- 87 Amendment or cancellation—loss of exclusive rights to use trademark
- 88 Amendment or cancellation—other specified grounds
- 88A Applications by Registrar
- 89 Rectification may not be granted in certain cases if registeredowner not at fault etc.
- 90 Duties and powers of Registrar
- Division 3—Amendment of certificate of registration
- Part 9—Removal of trade mark from Register fornon-use
- 92 Application for removal of trade mark from Register etc.
- 93 Time for making application
- 94 Referral to court
- 95 Notification of application
- 96 Notice of opposition
- 96A Circumstances in which opposition may proceed in name of aperson other than the person who filed the notice
- 97 Removal of trade mark from the Register etc. if applicationunopposed
- 98 Trade mark restored to Register if notice of opposition filedwithin extended time
- 99 Proceedings before Registrar
- 100 Burden on opponent to establish use of trade mark etc.
- 101 Determination of opposed application—general
- 102 Determination of opposed application—localised use of trademark
- 103 Registrar to comply with order of court
- 104 Appeal
- 105 Certificate—use of trade mark
- Part 10—Assignment and transmission of trademarks
- 106 Assignment etc. of trade mark
- 107 Applications for record to be made of assignment etc. of trademark whose registration is sought
- 108 Recording of assignment etc. of trade mark whose registration issought
- 109 Application for record of assignment etc. of registered trademark to be entered in Register
- 110 Recording of assignment etc. of registered trade mark
- 111 Notice of application to be given to person recorded as claiminginterest in trade mark etc.
- Part 11—Voluntary recording of claims to interestsin and rights in respect of trade marks
- Division 1—Preliminary
- Division 2—Interests in, and rights in respect of, registeredtrade marks
- Division 3—Interests in, and rights in respect of,unregistered trade marks
- Part 12—Infringement of trade marks
- 120 When is a registered trade mark infringed?
- 121 Infringement of trade mark by breach of certain restrictions
- 122 When is a trade mark not infringed?
- 123 Goods etc. to which registered trade mark has been applied byor with consent of registered owner
- 124 Prior use of identical trade mark etc.
- 125 What courts may hear action for infringement of registeredtrade mark
- 126 What relief can be obtained from court
- 127 Special case—plaintiff not entitled to damages etc.
- 128 Circumstances in which action may not be brought
- 129 Groundless threats of legal proceedings
- 130 Counterclaim by defendant in action on groundless threats
- Part 13—Importation of goods infringingAustralian trade marks
- 131 Object of Part
- 132 Notice of objection to importation
- 133 Customs CEO may seize goods infringing trade mark
- 133A Determinations about owners of goods
- 134 Notice of seizure
- 135 Forfeiture of goods
- 136 Release of goods to owner—no action for infringement
- 137 Action for infringement of trade mark
- 138 Action for infringement by authorised user
- 139 Forfeited goods—how to be disposed of
- 140 Power of Customs CEO to retain control of goods
- 141 Insufficient security
- 141A Failure to comply with undertaking etc.
- 142 Commonwealth not liable for loss etc. suffered because ofseizure
- 143 Power to require information
- 144 Modification in relation to Norfolk Island etc.
- Part 14—Offences
- 145 Falsifying etc. a registered trade mark
- 146 Falsely applying a registered trade mark
- 147 Manufacture and possession of die etc. for use in commission ofoffence
- 148 Selling etc. goods with false marks
- 149 Penalty for offence under section 145, 146, 147 or 148
- 150 Aiding and abetting offences
- 151 False representations regarding trade marks
- 152 False entries in Register etc.
- 153 Disobeying summons etc.
- 154 Refusing to give evidence etc.
- 156 Unregistered persons
- 157 False representation about Trade Marks Office
- 159 Forfeiture orders under the proceeds of crime legislation
- 160 Conduct of employees and agents of natural persons
- Part 15—Collective trade marks
- Part 16—Certification trade marks
- 168 Object of Part
- 169 What is a certification trade mark?
- 170 Application of Act
- 171 Rights given by registration of a certification trade mark
- 172 Rights of persons allowed to use certification trade mark
- 173 Rules governing the use of certification trade marks
- 174 Registrar to send documents to Commission
- 175 Certificate by Commission
- 176 Acceptance or rejection of application
- 177 Additional ground for rejecting an application or opposingregistration—certification trade mark not distinguishingcertified goods or services
- 178 Variation of rules
- 179 Registrar must publish rules
- 180 Assignment of registered certification trade mark
- 180A Assignment of unregistered certification trade mark
- 181 Rectification of the Register by order of court
- 182 Variation of rules by order of court
- 183 Delegation of Commission’s powers and functions
- Part 17—Defensive trade marks
- Part 17A—Protected international trade marksunder the Madrid Protocol
- Part 18—Jurisdiction and powers of courts
- Part 19—Administration
- Part 20—The Register and official documents
- Part 21—Miscellaneous
- Division 1—Applications and other documents
- Division 2—Proceedings before the Registrar or a court
- Division 3—General
- 223 Fees
- 223A Doing act when Trade Marks Office reopens after end ofperiod otherwise provided for doing act
- 223A Doing act when Trade Marks Office reopens after end ofperiod otherwise provided for doing act
- 224 Extension of time
- 225 Convention countries
- 226 Publication of Official Journal etc.
- 226A Requirements for confidential treatment of information heldin the Trade Marks Office
- 226B Certain proceedings do not lie
- 227 Notice regarding review of decision by Administrative AppealsTribunal
- 228 Use of trade mark for export trade
- 228A Registration of trade marks attorneys
- 228B Deregistration of trade marks attorneys
- 229 Privileges of trade marks attorney and patent attorney
- 230 Passing off actions
- 231 Regulations
- Part 22—Repeal and transitional
- Division 1—Repeal
- Division 2—Marks registered under the repealed Act
- 233 Automatic registration under this Act
- 234 Registration conclusive after 7 years
- 235 Term of registration
- 236 Renewal
- 237 Restoration of particulars to Register and renewal ofregistration where registration expired within 12 monthsbefore 1 January 1996
- 238 Disclaimers
- 239 Rules governing the use of certification trade marks registeredin Part C of the old register
- 239A Linked trade marks
- Division 3—Matters pending immediately before repeal ofrepealed Act
- 240 Applications, notices etc.—general
- 241 Application for registration of trade mark
- 242 Divisional application in relation to pending application
- 243 More than one application lodged on same day for registrationof same trade mark
- 244 Application for registration of trade mark whose registrationhas been sought in Convention country
- 245 Application for registration of a mark in Part C of the oldregister
- 246 Application for registration of a mark in Part D of the oldregister
- 247 Amendment of application—specification of goods or services
- 248 Revival of application for registration of trade mark that hadlapsed before 1 January 1996
- 249 Application for registration of assignment etc.
- 250 Rectification of Register
- 251 Action for removal of trade mark from Register for non-use
- 252 Action for infringement of trade mark etc.
- 253 Action under this Act for infringement of trade mark underrepealed Act
- 254 Acts not constituting infringement of existing registered mark
- 254A Acts not constituting infringement of trade mark—pendingapplication under the repealed Act
- 254B Part B defence—infringement of existing registered mark
- 254C Part B defence—infringement of trade mark (pendingapplication under the repealed Act)
- 255 Application of this Act—general
- 256 Fees
- Division 4—General
- Notes to the Trade Marks Act 1995
- Note 1
- Table of Acts
- Act Notes
- Table of Amendments
- Note 2
- Note 3
- Table A
Trade Marks Act 1995
Act No. 119 of 1995 as amended
This compilation was prepared on 14 January 2011 taking into account amendments up to Act No. 103 of 2010
The text of any of those amendments not in force on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra
READER’S GUIDE This guide aims to give you a general idea of the purpose of this Act and some information about its structure. It also explains briefly how the operation and interpretation of this Act is affected by other Acts.
Purpose of this Act
This Act provides for the registration of trade marks, collective trade marks, certification trade marks and defensive trade marks (for a definition of these terms, see sections 17, 162, 169 and 185 respectively) and sets out and protects the rights deriving from registration.
It is a rewrite of the legislation relating to trade marks, certification trade marks and defensive trade marks. The previous Act did not deal with collective trade marks.
In rewriting the legislation, some changes have been made to reflect international trends towards greater uniformity in that field of law. In particular, this Act conforms with the minimum standards and principles prescribed for trade marks in the Agreement Establishing the World Trade Organization.
An attempt has also been made to simplify the language as much as possible to make it easier for readers to understand the law. For that reason, a number of terms used in the old legislation have been replaced by simpler ones. For example, the word “owner” has been used where the previous Act referred to the proprietor of a trade mark. No difference in meaning is intended when simpler terms have thus been used.
Summary of this Act
Part 1: Deals with formal matters such as the commencement of this Act and its general application.
Part 2: Contains definitions and terms that are used frequently throughout this Act.
Part 3: Explains what is a trade mark and sets out the rights given by this Act to the registered owner and any authorised user of a registered trade mark.
Parts 4 and 5: Deal with the steps that you have to take to have a trade mark registered.
Part 6: Sets out how and why an application for registration and other documents may be amended.
Parts 7, 8 and 9: Deal with the registration of trade marks and how and why particulars of the registration of a trade mark may be amended, cancelled or removed from the Register.
Parts 10 and 11: Deal with the assignment of trade marks, the registration of assignments of registered trade marks and the recording of the rights and interests that persons (other than registered owners) may have in registered trade marks or trade marks whose registration is being sought.
Parts 12, 13 and 14: Deal with the protection of trade marks. Part 12 sets out what constitutes an infringement of a trade mark and how to obtain redress and relief in cases of infringement. Part 13 provides for a special regime to deal with any importation of goods that would infringe a registered trade mark. Part 14 makes certain types of conduct offences against this Act.
Parts 15, 16 and 17: Explain what are collective trade marks, certification trade marks and defensive trade marks and apply to them, with necessary alterations, the provisions of this Act relating to trade marks.
Part 17A: Enables the making of regulations to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the Madrid Protocol. Those regulations prevail over this Act to the extent of any inconsistency.
Part 18: Deals with the jurisdiction of the courts to hear and determine matters arising under this Act.
Parts 19 and 20: Deal with the Trade Marks Office, the officials responsible for its administration and the keeping of the Register of Trade Marks. Part 21: Deals with miscellaneous matters such as Part 22: the payment of fees, the service of documents and the making of regulations. Repeals the Trade Marks Act 1955 and explains how matters that were being dealt with under that Act at the time of its repeal are to be dealt with when this Act is in force. How to use this Act
Definitions: Section 6 contains definitions of terms that have special meanings and are used frequently in this Act. A list of terms defined in section 6 appears after the Table of Provisions. Notes: Notes are to be found throughout the text. They are designed to help you find your way through the Act. They may tell you that certain words or terms are defined and where to find the definition; they may alert you to other provisions in this Act and in other legislation that are relevant to the text you are reading; or they may draw your attention to information that may help you to understand the contents or legal consequences of certain provisions or how to comply with them.
Chart: The appendix to this Guide contains a chart showing the main steps involved in obtaining the registration of a trade mark. The chart is intended to be used only as an illustration and is not intended to have any other effect. If there is any inconsistency between any matter contained in the chart and a provision of this Act or the regulations, the provision prevails.
Related legislation
The following Acts are directly relevant to the operation or interpretation of this Act.
Acts Interpretation Act 1901
That Act contains general rules about the meaning or effect of many terms and provisions that are commonly used in Commonwealth Acts. Some of the notes used in this Act draw your attention to some of them, but it is not possible to refer to all of them.
Crimes Act 1914
In Parts 13 and 14, you will find that a penalty, expressed as imprisonment for a particular period or a number of penalty units, is set out at the foot of some sections or subsections. Section 4D of the Crimes Act 1914 provides that this indicates that any contravention of the section or subsection is an offence against this Act punishable upon conviction by a penalty not exceeding the penalty set out.
If only a term of imprisonment is provided as the penalty for an offence, subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, the term of imprisonment.
Section 4AA of the Crimes Act 1914 sets out the amount of a penalty unit. Under subsection 4B(3) of that Act a court may impose on a body corporate convicted of an offence a fine of up to 5 times the amount of the fine that could be imposed on a natural person convicted of that offence.
Criminal Code The Criminal Code is set out in the Schedule to the Criminal Code Act 1995. It contains many general rules that apply to offences. Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. For example, it has default fault elements that apply to offences that do not specify a fault element and provides the consequences of an offence being an offence of strict liability.
Trade Marks Act 1955
That Act is repealed by this Act. It contained the legislation that previously applied to trade marks, certification trade marks and defensive trade marks. Even though it is repealed, this Act provides that some of the provisions of that Act are to continue to apply to certain matters that were being dealt with under that Act immediately before it was repealed.
The list of Acts cited above is not exhaustive. Other Acts may also affect the operation or interpretation of this Act.
Contents
Part 1—Preliminary 1 1 Short title [see Note 1].......................................................................1 2 Commencement [see Note 1].............................................................1 3 Act binds the Crown..........................................................................1 4 Application of Act .............................................................................1 4A Application of the Criminal Code .....................................................1 5 Repeal of Trade Marks Act 1994.......................................................2
Part 2—Interpretation 3 6 Definitions.........................................................................................3 6A Periods expressed in months..............................................................9 7 Use of trade mark ..............................................................................9 8 Definitions of authorised user and authorised use ..........................10 9 Definition of applied to and applied in relation to ..........................10 10 Definition of deceptively similar .....................................................11 11 Definition of pending ......................................................................11 12 Definition of priority date ...............................................................12 13 Definition of remove from the Register ...........................................13 14 Definition of similar goods and similar services .............................13 15 Definition of originate in relation to wine.......................................13 16 Definition of repealed Act ...............................................................13
Part 3—Trade marks and trade mark rights 15 17 What is a trade mark? ......................................................................15 18 Certain signs not to be used as trade marks etc................................15 19 Certain trade marks may be registered.............................................15 20 Rights given by registration of trade mark ......................................16 21 Nature of registered trade mark as property ....................................16 22 Power of registered owner to deal with trade mark .........................17 23 Limitation on rights if similar trade marks etc. registered by different persons ..............................................................................17 24 Trade mark consisting of sign that becomes accepted as sign describing article etc........................................................................17 25 Trade mark relating to article etc. formerly manufactured under patent .....................................................................................18 26 Powers of authorised user of registered trade mark .........................19
Part 4—Application for registration 21
Division 1—General 21 27 Application—how made..................................................................21 28 Application by joint owners ............................................................22
29 Application for registration of trade mark whose registration has been sought in a Convention country—claim for priority .........22 30 Particulars of application to be published........................................23 31 Registrar to examine, and report on, application
This compilation was prepared on 14 January 2011 taking into account amendments up to Act No. 103 of 2010
The text of any of those amendments not in force on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra
READER’S GUIDE This guide aims to give you a general idea of the purpose of this Act and some information about its structure. It also explains briefly how the operation and interpretation of this Act is affected by other Acts.
Purpose of this Act
This Act provides for the registration of trade marks, collective trade marks, certification trade marks and defensive trade marks (for a definition of these terms, see sections 17, 162, 169 and 185 respectively) and sets out and protects the rights deriving from registration.
It is a rewrite of the legislation relating to trade marks, certification trade marks and defensive trade marks. The previous Act did not deal with collective trade marks.
In rewriting the legislation, some changes have been made to reflect international trends towards greater uniformity in that field of law. In particular, this Act conforms with the minimum standards and principles prescribed for trade marks in the Agreement Establishing the World Trade Organization.
An attempt has also been made to simplify the language as much as possible to make it easier for readers to understand the law. For that reason, a number of terms used in the old legislation have been replaced by simpler ones. For example, the word “owner” has been used where the previous Act referred to the proprietor of a trade mark. No difference in meaning is intended when simpler terms have thus been used.
Part 1: Deals with formal matters such as the commencement of this Act and its general application.
Part 2: Contains definitions and terms that are used frequently throughout this Act.
Part 3: Explains what is a trade mark and sets out the rights given by this Act to the registered owner and any authorised user of a registered trade mark.
Parts 4 and 5: Deal with the steps that you have to take to have a trade mark registered.
Part 6: Sets out how and why an application for registration and other documents may be amended.
Parts 7, 8 and 9: Deal with the registration of trade marks and how and why particulars of the registration of a trade mark may be amended, cancelled or removed from the Register.
Parts 10 and 11: Deal with the assignment of trade marks, the registration of assignments of registered trade marks and the recording of the rights and interests that persons (other than registered owners) may have in registered trade marks or trade marks whose registration is being sought.
Parts 12, 13 and 14: Deal with the protection of trade marks. Part 12 sets out what constitutes an infringement of a trade mark and how to obtain redress and relief in cases of infringement. Part 13 provides for a special regime to deal with any importation of goods that would infringe a registered trade mark. Part 14 makes certain types of conduct offences against this Act.
Parts 15, 16 and 17: Explain what are collective trade marks, certification trade marks and defensive trade marks and apply to them, with necessary alterations, the provisions of this Act relating to trade marks.
Part 17A: Enables the making of regulations to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the Madrid Protocol. Those regulations prevail over this Act to the extent of any inconsistency.
Part 18: Deals with the jurisdiction of the courts to hear and determine matters arising under this Act.
Parts 19 and 20: Deal with the Trade Marks Office, the officials responsible for its administration and the keeping of the Register of Trade Marks. Definitions: Section 6 contains definitions of terms that have special meanings and are used frequently in this Act. A list of terms defined in section 6 appears after the Table of Provisions. Notes: Notes are to be found throughout the text. They are designed to help you find your way through the Act. They may tell you that certain words or terms are defined and where to find the definition; they may alert you to other provisions in this Act and in other legislation that are relevant to the text you are reading; or they may draw your attention to information that may help you to understand the contents or legal consequences of certain provisions or how to comply with them.
Chart: The appendix to this Guide contains a chart showing the main steps involved in obtaining the registration of a trade mark. The chart is intended to be used only as an illustration and is not intended to have any other effect. If there is any inconsistency between any matter contained in the chart and a provision of this Act or the regulations, the provision prevails.
Related legislation
The following Acts are directly relevant to the operation or interpretation of this Act.
Acts Interpretation Act 1901
That Act contains general rules about the meaning or effect of many terms and provisions that are commonly used in Commonwealth Acts. Some of the notes used in this Act draw your attention to some of them, but it is not possible to refer to all of them.
Crimes Act 1914
In Parts 13 and 14, you will find that a penalty, expressed as imprisonment for a particular period or a number of penalty units, is set out at the foot of some sections or subsections. Section 4D of the Crimes Act 1914 provides that this indicates that any contravention of the section or subsection is an offence against this Act punishable upon conviction by a penalty not exceeding the penalty set out.
If only a term of imprisonment is provided as the penalty for an offence, subsections 4B(2) and 4B(3) of the Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, the term of imprisonment.
Section 4AA of the Crimes Act 1914 sets out the amount of a penalty unit. Under subsection 4B(3) of that Act a court may impose on a body corporate convicted of an offence a fine of up to 5 times the amount of the fine that could be imposed on a natural person convicted of that offence.
Criminal Code The Criminal Code is set out in the Schedule to the Criminal Code Act 1995. It contains many general rules that apply to offences. Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. For example, it has default fault elements that apply to offences that do not specify a fault element and provides the consequences of an offence being an offence of strict liability.
Trade Marks Act 1955
That Act is repealed by this Act. It contained the legislation that previously applied to trade marks, certification trade marks and defensive trade marks. Even though it is repealed, this Act provides that some of the provisions of that Act are to continue to apply to certain matters that were being dealt with under that Act immediately before it was repealed.
The list of Acts cited above is not exhaustive. Other Acts may also affect the operation or interpretation of this Act.
Part 1—Preliminary 1 1 Short title [see Note 1].......................................................................1 2 Commencement [see Note 1].............................................................1 3 Act binds the Crown..........................................................................1 4 Application of Act .............................................................................1 4A Application of the Criminal Code .....................................................1 5 Repeal of Trade Marks Act 1994.......................................................2
Part 2—Interpretation 3 6 Definitions.........................................................................................3 6A Periods expressed in months..............................................................9 7 Use of trade mark ..............................................................................9 8 Definitions of authorised user and authorised use ..........................10 9 Definition of applied to and applied in relation to ..........................10 10 Definition of deceptively similar .....................................................11 11 Definition of pending ......................................................................11 12 Definition of priority date ...............................................................12 13 Definition of remove from the Register ...........................................13 14 Definition of similar goods and similar services .............................13 15 Definition of originate in relation to wine.......................................13 16 Definition of repealed Act ...............................................................13
Part 3—Trade marks and trade mark rights 15 17 What is a trade mark? ......................................................................15 18 Certain signs not to be used as trade marks etc................................15 19 Certain trade marks may be registered.............................................15 20 Rights given by registration of trade mark ......................................16 21 Nature of registered trade mark as property ....................................16 22 Power of registered owner to deal with trade mark .........................17 23 Limitation on rights if similar trade marks etc. registered by different persons ..............................................................................17 24 Trade mark consisting of sign that becomes accepted as sign describing article etc........................................................................17 25 Trade mark relating to article etc. formerly manufactured under patent .....................................................................................18 26 Powers of authorised user of registered trade mark .........................19
Part 4—Application for registration 21
Division 1—General 21 27 Application—how made..................................................................21 28 Application by joint owners ............................................................22
29 Application for registration of trade mark whose registration has been sought in a Convention country—claim for priority .........22 30 Particulars of application to be published........................................23 31 Registrar to examine, and report on, application Summary of this Act
Part 21: Deals with miscellaneous matters such as Part 22: the payment of fees, the service of documents and the making of regulations. Repeals the Trade Marks Act 1955 and explains how matters that were being dealt with under that Act at the time of its repeal are to be dealt with when this Act is in force. How to use this Act Contents