Commonwealth Consolidated Acts

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TRADE MARKS ACT 1995 - SECT 134

Notice of seizure

                   The Customs CEO must, as soon as practicable:

                     (a)  give (either personally or by post) to the designated owner of any seized goods a notice in writing identifying the goods and stating that they have been seized under section 133; and

                     (b)  give (either personally or by post) to the objector, or to each objector, a notice in writing:

                              (i)  identifying the goods and stating that they have been seized under section 133; and

                             (ii)  giving the full name and address of the designated owner of the goods and any information that the Customs CEO has and that he or she believes, on reasonable grounds, to be likely to help the objector to identify the importer of the goods; and

                            (iii)  stating that the goods will be released to the designated owner unless the objector or one of the objectors (as the case requires) brings an action for infringement of the notified trade mark in respect of the goods, and gives to the Customs CEO notice in writing of the action, within the period of 10 working days after he or she has been given the notice or, if the Customs CEO extends that period under subsection 137(1), within the extended period.

Note:          For designated owner , objector , seized goods and notified trade mark see section 6.



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