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 trade mark 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 and rights in respect of trade marks
- Part 12 Infringement of trade marks
- Part 13 Importation of goods infringing Australian trade marks
- 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 the Madrid 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
Contents
2,793 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.
- 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- 16 Definition of repealed Act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 by different persons
- 24 Trade mark consisting of sign that becomes accepted as sign describing article etc.
- 25 Trade mark relating to article etc. formerly manufactured under patent
- 26 Powers of authorised user of registered trade mark
- Part 4 · Application for registration
- Part 5 · Opposition to registration
- Part 6 · Amendment of application for registration of 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 been published—request for amendment not published
- 65A Amendment after particulars of application have been published—request for amendment published
- 66 Amendment of other documents
- 66A Registrar may require certain requests to be in writing
- 67 Appeal
- 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
- 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 a person other than the person who filed the notice
- 97 Removal of trade mark from the Register etc. if application unopposed etc.
- 98 Trade mark restored to Register in certain circumstances
- 99 Proceedings before Registrar
- 99A Dismissal of opposition filed with 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 trade mark
- 103 Registrar to comply with order of court
- 104 Appeal
- 105 Certificate—use of trade mark
- Part 10 · Assignment and transmission of trade marks
- 106 Assignment etc. of trade mark
- 107 Applications for record to be made of assignment etc. of trade mark whose registration is sought
- 108 Recording of assignment etc. of trade mark whose registration is sought
- 109 Application for record of assignment etc. of registered trade mark to be entered in Register
- 110 Recording of assignment etc. of registered trade mark
- 111 Notification of application to be given to person recorded as claiming interest in trade mark etc.
- Part 11 · Voluntary recording of claims to interests in and rights in respect of 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?
- 122A Exhaustion of a registered trade mark in relation to goods
- 123 Services to which registered trade mark has been applied by or with consent of registered owner
- 124 Prior use of identical trade mark etc.
- 125 What courts may hear action for infringement of registered trade 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 Application for relief from unjustified threats
- 130 Counterclaim for infringement
- 130A Mere notification of registered trade mark not a threat
- Part 13 · Importation of goods infringing Australian trade marks
- 131 Object of Part
- 132 Notice of objection to importation
- 133 Comptroller-General of Customs may seize goods infringing trade mark
- 133A Determinations about owners of goods
- 134 Notice of seizure
- 134A Inspection, release etc. of seized goods
- 135 Consent to forfeiture of seized goods
- 136 Claim for release of seized goods
- 136A Seized goods not claimed are forfeited
- 136B Late claim for release of seized goods
- 136C Objector to be notified of claim
- 136D Release of seized goods
- 136E Goods released but not collected are forfeited
- 137 Action for infringement of trade mark
- 138 Action for infringement by authorised user
- 139 Disposal of seized goods forfeited to the Commonwealth
- 140 Power of Comptroller-General of Customs to retain control of goods
- 141 Insufficient security
- 141A Failure to comply with undertaking etc.
- 142 Commonwealth not liable for loss etc. suffered because of seizure
- 143 Power to require information
- 144 Modification in relation to Norfolk Island etc.
- Part 14 · Offences
- 145 Falsifying or removing a registered trade mark
- 146 Falsely applying a registered trade mark
- 147 Making a die etc. for use in trade marks offence
- 147A Drawing etc. trade marks for use in offence
- 147B Possessing or disposing of things for use in trade marks offence
- 148 Goods with false trade marks
- 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 Acting or holding out without being registered
- 157 False representation about Trade Marks Office
- 157A Incorporated trade marks attorney must have a trade marks attorney director
- 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 opposing registration—certification trade mark not distinguishing certified 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 marks under the Madrid Protocol
- Part 18 · Jurisdiction and powers of courts
- 190 Prescribed courts
- 191 Jurisdiction of the Federal Court
- 191A Jurisdiction of the Federal Circuit and Family Court of Australia (Division 2)
- 192 Jurisdiction of other prescribed courts
- 193 Exercise of jurisdiction
- 194 Transfer of proceedings
- 195 Appeals
- 196 Registrar may appear in appeals
- 197 Powers of Federal Court and Federal Circuit and Family Court of Australia (Division 2) on hearing an appeal
- 198 Practice and procedure of prescribed courts
- Part 19 · Administration
- Part 20 · The Register and official documents
- Part 21 · Miscellaneous
- Part 22 · Repeal and transitional
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.