- Trade Marks Amendment Act 2006
- Contents
- 1 Short title
- 2 Commencement
- 3 Schedule(s)
- Schedule 1—Amendments
- Part 1—Amendments commencing on Royal Assent
- Trade Marks Act 1995
- 1 Readers guide (after the material relating to Parts 15, 16 and 17 in the summary of the Act)
- 2 Readers guide (list of terms defined in section 6)
- 3 Section 6
- 4 After section 6
- 6A Periods expressed in months
- 5 Application
- 6 Paragraph 15(a)
- 7 Subsection 22(1)
- 8 Transitional
- 9 At the end of section 22
- 10 At the end of subsection 27(2)
- 11 Application and saving
- 12 After subsection 27(2)
- 13 Application
- 14 Paragraph 31(b)
- 15 At the end of section 31
- 16 Paragraph 33(1)(b)
- 17 Subsection 33(1) (note)
- 18 Paragraph 33(3)(b)
- 19 At the end of subsection 33(3)
- 20 Application
- 21 Subsection 41(6)
- 22 Subsection 52(4)
- 23 At the end of subsection 52(4)
- 24 Section 55
- 25 At the end of section 55
- 26 Application
- 27 Section 57
- 28 At the end of section 57
- 29 After section 58
- 58A Opponent’s earlier use of similar trade mark
- 30 Application
- 31 Paragraph 60(a)
- 32 Section 60 (notes)
- 33 Paragraph 61(1)(b)
- 34 Application
- 35 At the end of Division 2 of Part 5
- 62A Application made in bad faith
- 36 Application
- 37 Section 86
- 38 Subsection 87(1)
- 39 Subsection 88(1)
- 40 Paragraph 88(2)(a)
- 41 Paragraph 88(2)(c)
- 42 Subsection 88(2) (note 2)
- 43 After section 88
- 88A Applications by Registrar
- 44 Subsection 90(1)
- 45 Subsections 90(2) and (3)
- 46 Subsection 92(1)
- 47 Subsection 92(3)
- 48 Subsection 92(4) (note)
- 49 At the end of section 101
- 50 Subsections 132(4) and (5)
- 51 Application
- 52 Subsection 177(1) (note 3)
- 53 Subsection 181(1)
- 54 Subsection 181(2)
- 55 Section 187 (note)
- 56 Section 188
- 57 Paragraph 197(a)
- 58 Subsection 226(1)
- 59 Subsection 226(2)
- 60 Subsection 226(3)
- 61 Before section 227
- 226B Certain proceedings do not lie
- 62 Application
- Trade Marks Act 1995
- Part 2—Amendments commencing on Proclamation
- Part 3—Minor and technical amendments
- Part 1—Amendments commencing on Royal Assent
Trade Marks Amendment Act 2006
No. 114, 2006
An Act to amend the Trade Marks Act 1995, and for related purposes
Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)
Contents
1 Short title...........................................................................................1 2 Commencement.................................................................................1 3 Schedule(s)........................................................................................2
Schedule 1—Amendments 3 Part 1—Amendments commencing on Royal Assent 3 Trade Marks Act 1995 3 Part 2—Amendments commencing on Proclamation 13 Trade Marks Act 1995 13 Part 3—Minor and technical amendments 23 Trade Marks Act 1995 23
Trade Marks Amendment Act 2006
No. 114, 2006
An Act to amend the Trade Marks Act 1995, and for related purposes
[Assented to 23 October 2006]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Trade Marks Amendment Act 2006.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Trade Marks Amendment Act 2006 No. 114, 2006
Commencement information
Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the 23 October 2006 and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1, The day on which this Act receives the 23 October 2006 Part 1 Royal Assent. 3. Schedule 1, A single day to be fixed by Proclamation. 27 March 2007 Part 2 However, if any of the provision(s) do not (see commence within the period of 6 months F2007L00392) beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. 4. Schedule 1, The day on which this Act receives the 23 October 2006 Part 3 Royal Assent.
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Part 1—Amendments commencing on Royal Assent
Trade Marks Act 1995
1 Readers guide (after the material relating to Parts 15, 16 and 17 in the summary of the Act)
Insert: 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.
2 Readers guide (list of terms defined in section 6)
Insert the following terms in their appropriate alphabetical positions:
“month”
“registered trade marks attorney”
“working day”.
3 Section 6
Insert:
month: the end of a period with a length expressed in months is
worked out under section 6A.
4 After section 6
Insert:
6A Periods expressed in months
For the purposes of this Act, a period expressed in months and
dating from an event ends: - (a)
- on the day, in the relevant subsequent month, which has the same number as the day of the event; or
- (b)
- if the relevant subsequent month has no day with the same number—on the last day of the month.
Note: This provision displaces section 36 of the Acts Interpretation Act 1901, and is in accordance with the Madrid Protocol. The difference between the two occurs when the initiating event is on the last day of a calendar month, which has fewer days than the month in which the period ends. For example, a period of 3 months from an event on 30 September ends on 30 December under this rule; it would end on 31 December under the Acts Interpretation Act 1901 provision.
5 Application
The amendments made by items 3 and 4 apply to: - (a)
- periods starting after the day on which this Act receives the Royal Assent; and
- (b)
- periods that started on or before that day and that have not ended by that day.
6 Paragraph 15(a)
After “wine is made”, insert “from grapes grown”.
7 Subsection 22(1)
After “any rights”, insert “appearing in the Register to be”.
8 Transitional
The amendment made by item 7 does not apply to rights vested in another person but not appearing in the Register until the end of 6 months after the day on which this Act receives the Royal Assent.
9 At the end of section 22
Add:
(3) Equities in relation to a registered trade mark may be enforced against the registered owner, except to the prejudice of a purchaser in good faith for value.
Note: For registered owner and registered trade mark see section 6.
10 At the end of subsection 27(2)
Add: ; and (c) be made by a person or persons having legal personality.
11 Application and saving - (1)
- The amendment made by item 10 applies to applications for registration of trade marks made after the day on which this Act receives the Royal Assent.
- (2)
- That amendment does not affect the validity of the registration of a trade mark:
- (a)
- registered before the day on which this Act receives the Royal Assent; or
- (b)
- registered on or after that day as a result of an application made before that day.
12 After subsection 27(2)
Insert:
(2A) Despite paragraph (2)(c), an application for registration of a collective trade mark need not be made by a person or persons having legal personality.
Note: For collective trade mark see section 162.
13 Application
The amendment made by item 12 applies to applications for registration of collective trade marks made after the day on which this Act receives the Royal Assent.
14 Paragraph 31(b)
Omit “under Division 2”, substitute “under this Act”.
15 At the end of section 31
Add:
Note: For this Act see section 6.
16 Paragraph 33(1)(b)
After “grounds”, insert “under this Act”.
17 Subsection 33(1) (note)
Repeal the note, substitute:
Note: For this Act see section 6.
18 Paragraph 33(3)(b)
After “grounds”, insert “under this Act”.
19 At the end of subsection 33(3)
Add:
Note: For this Act see section 6.
20 Application
The amendments made by items 16 to 19 apply to: - (a)
- applications for registration of trade marks made after the commencement of this item; and
- (b)
- applications for registration of trade marks pending at that commencement.
21 Subsection 41(6)
Omit “not inherently”, substitute “not to any extent inherently”.
22 Subsection 52(4)
Omit “Division 2”, substitute “this Act”.
23 At the end of subsection 52(4)
Add:
Note: For this Act see section 6.
24 Section 55
Before “Unless”, insert “(1)”.
25 At the end of section 55
Add:
(2) Without limiting subsection (1), if the application was opposed on the ground specified in paragraph 62(a) (that the application, or a document filed in support of the application, was amended contrary to this Act), the Registrar may revoke the acceptance of the application and examine the application again under section 31.
Note: For examine and this Act see section 6.
26 Application
The amendment made by item 25 applies to:
No. 114, 2006
An Act to amend the Trade Marks Act 1995, and for related purposes
Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)
1 Short title...........................................................................................1 2 Commencement.................................................................................1 3 Schedule(s)........................................................................................2
Schedule 1—Amendments 3 Part 1—Amendments commencing on Royal Assent 3 Trade Marks Act 1995 3 Part 2—Amendments commencing on Proclamation 13 Trade Marks Act 1995 13 Part 3—Minor and technical amendments 23 Trade Marks Act 1995 23
An Act to amend the Trade Marks Act 1995, and for related purposes
[Assented to 23 October 2006]
This Act may be cited as the Trade Marks Amendment Act 2006.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Trade Marks Amendment Act 2006 No. 114, 2006
Commencement information
Column 1 Column 2 Column 3 Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Part 1—Amendments commencing on Royal Assent
1 Readers guide (after the material relating to Parts 15, 16 and 17 in the summary of the Act)
Insert: 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.
2 Readers guide (list of terms defined in section 6)
Insert the following terms in their appropriate alphabetical positions:
“month”
“registered trade marks attorney”
“working day”.
3 Section 6
Insert:
month: the end of a period with a length expressed in months is
worked out under section 6A.
4 After section 6
Insert:
For the purposes of this Act, a period expressed in months and
dating from an event ends: Note: This provision displaces section 36 of the Acts Interpretation Act 1901, and is in accordance with the Madrid Protocol. The difference between the two occurs when the initiating event is on the last day of a calendar month, which has fewer days than the month in which the period ends. For example, a period of 3 months from an event on 30 September ends on 30 December under this rule; it would end on 31 December under the Acts Interpretation Act 1901 provision.
5 Application
The amendments made by items 3 and 4 apply to: 6 Paragraph 15(a)
After “wine is made”, insert “from grapes grown”.
7 Subsection 22(1)
After “any rights”, insert “appearing in the Register to be”.
8 Transitional
The amendment made by item 7 does not apply to rights vested in another person but not appearing in the Register until the end of 6 months after the day on which this Act receives the Royal Assent.
9 At the end of section 22
Add:
(3) Equities in relation to a registered trade mark may be enforced against the registered owner, except to the prejudice of a purchaser in good faith for value.
10 At the end of subsection 27(2)
Add: ; and (c) be made by a person or persons having legal personality.
11 Application and saving 12 After subsection 27(2)
Insert:
(2A) Despite paragraph (2)(c), an application for registration of a collective trade mark need not be made by a person or persons having legal personality.
Note: For collective trade mark see section 162.
13 Application
The amendment made by item 12 applies to applications for registration of collective trade marks made after the day on which this Act receives the Royal Assent.
14 Paragraph 31(b)
Omit “under Division 2”, substitute “under this Act”.
15 At the end of section 31
Add:
Note: For this Act see section 6.
16 Paragraph 33(1)(b)
After “grounds”, insert “under this Act”.
17 Subsection 33(1) (note)
Repeal the note, substitute:
Note: For this Act see section 6.
18 Paragraph 33(3)(b)
After “grounds”, insert “under this Act”.
19 At the end of subsection 33(3)
Add:
Note: For this Act see section 6.
20 Application
The amendments made by items 16 to 19 apply to: 21 Subsection 41(6)
Omit “not inherently”, substitute “not to any extent inherently”.
22 Subsection 52(4)
Omit “Division 2”, substitute “this Act”.
23 At the end of subsection 52(4)
Add:
Note: For this Act see section 6.
24 Section 55
Before “Unless”, insert “(1)”.
25 At the end of section 55
Add:
(2) Without limiting subsection (1), if the application was opposed on the ground specified in paragraph 62(a) (that the application, or a document filed in support of the application, was amended contrary to this Act), the Registrar may revoke the acceptance of the application and examine the application again under section 31.
Note: For examine and this Act see section 6.
26 Application
The amendment made by item 25 applies to: Contents
Trade Marks Amendment Act 2006
No. 114, 2006
The Parliament of Australia enacts:
1 Short title
2 Commencement
Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the 23 October 2006 and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1, The day on which this Act receives the 23 October 2006 Part 1 Royal Assent. 3. Schedule 1, A single day to be fixed by Proclamation. 27 March 2007 Part 2 However, if any of the provision(s) do not (see commence within the period of 6 months F2007L00392) beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. 4. Schedule 1, The day on which this Act receives the 23 October 2006 Part 3 Royal Assent. 3 Schedule(s)
Schedule 1—Amendments
Trade Marks Act 1995
6A Periods expressed in months
Note: For registered owner and registered trade mark see section 6.