Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 156

             (1)  A person must not describe himself or herself, or hold himself or herself out, or permit himself or herself to be described or held out, as a trade marks attorney unless the person is a registered trade marks attorney.

Penalty:  30 penalty units.

Note 1:       The Reader's Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914 ).

Note 2:       For registered trade marks attorney , see section 6.

             (2)  A person must not describe himself or herself, or hold himself or herself out, or permit himself or herself to be described or held out, as a trade marks agent unless the person is a registered trade marks attorney or a patent attorney or a lawyer or a person referred to in paragraph 135(1)(h) or (i) of the repealed Act.

Penalty:  30 penalty units.

Note 1:       The Reader's Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914 ).

Note 2:       For lawyer , registered trade marks attorney and patent attorney see section 6.

Note 4:       Paragraphs 135(1)(h) and (i) of the repealed Act provided as follows:

"(h)   a person who, within 1 year after the commencement of this Act, has satisfied the Registrar that, for a continuous period of 2 years immediately before 1 January 1955, he was practising as a trade marks agent in Australia; or

(i)      a person who:

(i)      within 1 year after the commencement of this Act, has satisfied the Registrar that, for a continuous period of 2 years immediately before 1 January 1955, he was employed by a registered patent attorney in Australia and his duties related solely or principally to the lodging, prosecuting and opposing of applications for the registration of trade marks; and

(ii)     unless the Registrar otherwise directs, has, within 1 year after the commencement of this Act or within such further time as the Registrar allows, passed the prescribed examination.".

Subsection 135(2) of the repealed Act provided as follows:

"(2)   For the purposes of paragraph (h) of the last preceding subsection, a person shall not be deemed to have practised as a trade marks agent unless the only or the principal business carried on by him was the business of lodging, prosecuting and opposing, for gain, applications for the registration of trade marks in Australia on behalf of applicants or opponents.".

             (3)  If:

                     (a)  a body corporate is found guilty of an offence against this section; and

                     (b)  a director, manager, secretary or other officer of the body corporate has been a party to the offence;

the director, manager, secretary or officer is guilty of an offence punishable, on conviction, by a fine not exceeding 30 penalty units.

             (4)  In spite of section 15B of the Crimes Act 1914 , a prosecution for an offence against this section may be started at any time within 5 years after the offence was committed.

             (6)  An offence under this section is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .