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TRADE MARKS ACT 1995 - SECT 136B Late claim for release of seized goods

TRADE MARKS ACT 1995 - SECT 136B

Late claim for release of seized goods

  (1)   The Comptroller - General of Customs may allow the designated owner to make a claim (the late claim ) to the Comptroller - General of Customs for the release of seized goods after the end of the claim period for the goods.

Note:   For objector , seized goods and claim period see section   6.

  (2)   The Comptroller - General of Customs may allow the late claim only if:

  (a)   an action for infringement of the notified trade mark in respect of the goods has not been instituted; and

  (b)   the Comptroller - General of Customs considers it reasonable in the circumstances; and

  (c)   the goods have not been disposed of under section   139.

  (3)   An application may be made to the Administrative Appeals Tribunal for the review of a decision of the Comptroller - General of Customs under subsection   (1) refusing to allow a late claim for the release of seized goods.