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Trade Marks Act 1995(Austrilia)
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link:http://www.wipo.int/wipolex/en/text.jsp?file_id=204627
- 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
- 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- 16 Definition of repealed Act
- 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
- 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
- 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
- 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
- 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
- 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
- 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.
- 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
- 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.
- 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
- 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
- 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
- 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
- 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
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