TRADE MARKS REGULATIONS 1995 - REG 2.1 Interpretation

TRADE MARKS REGULATIONS 1995 - REG 2.1

    In these Regulations, unless the contrary intention appears:

"AAT" means the Administrative Appeals Tribunal.

"ACCC" means the Australian Competition and Consumer Commission established under the Trade Practices Act 1974 .

"accredited course of study" means a course of study that is accredited by the Board under reg ulation   2 0.2A of the Patents Regulations   1 991 .

"Act" means the Trade Marks Act 1995 .

"AFS request" has the meaning given by subregulation   3 A.3(1).

"certificate of verification" means a statement:

  (a)   that a document to which the statement relates:

  (i)   has been translated by a person who is proficient in both the language from which the document has been translated into English and English; and

  (ii)   is a true and complete translation of the accompanying document to the best of the knowledge of the person who signs the statement; and

  (b)   that is dated and signed.

"Code of Conduct" means the standard of practice titled "Code of Conduct for Patent and Trade Mark Attorneys" that is established by the Board from time to time.

"Designated Manager" has the same meaning as in the Patents Act 1990 .

"Disciplinary Tribunal" means the Trans - Tasman IP Attorneys Disciplinary Tribunal established by regulation   2 0.61 of the Patents Regulations   1 991 .

"earlier application" , in relation to an application for the registration of a trade mark for which a right of priority is claimed, means an application for the registration of that trade mark in a Convention country:

  (a)   that was filed, at the trade marks office (or its equivalent) of that Convention country, before the application for which the right of priority is claimed; and

  (b)   on which the claim for the right of priority is based.

"expedited dispatch" means a means of supplying documents that can reasonably be expected usually to be faster than ordinary post.

"information system" has the same meaning as in the Electronic Transactions Act 1999 .

"International Register" has the meaning given by regulation   1 7A.2.

"international registration" has the meaning given by regulation   1 7A.2.

"IRDA" has the meaning given by regulation   1 7A.2.

"Madrid Protocol" means the Protocol Relating to the Madrid Agreement concerning the International Registration of Marks, as signed at Madrid on 28   June 1989.

"Madrid Regulations" has the meaning given by regulation   1 7A.2.

"month" , for a period with a length expressed in months, has the meaning given by regulation   2 .2.

"official goods and services pick list" : goods or services are specified, in an application to register a trade mark in respect of the goods or services, by using the official goods and services pick list if:

  (a)   the application is filed by means of a digital information system that is:

  (i)   made available by IP Australia; and

  (ii)   a preferred means of filing the application; and

  (b)   the applicant specifies the goods or services in the application by selecting the goods or services from a pre - populated list of goods or services that is made available by the digital information system for that purpose.

"Panel Chair" , in relation to a Panel of the Disciplinary Tribunal, means:

  (a)   the President; or

  (b)   if the President is unable to perform his or her functions in relation to proceedings of the Panel because of a conflict of interest--the person appointed under subregulation   2 0.64(2) of the Patents Regulations   1 991 to be the Panel Chair for the proceedings.

"Panel of the Disciplinary Tribunal" means a Panel constituted under regulation   2 0A.11.

"President" means the President of the Disciplinary Tribunal.

"priority date" , for a trade mark that is the subject of an IRDA or a protected international trade mark, has the meaning given by regulation   1 7A.3.

"protected international trade mark" has the meaning given by regulation   1 7A.2.

"Record of International Registrations" has the meaning given by regulation   1 7A.2.

"Register of Trade Marks Attorneys" means the register mentioned in section   228A of the Act.

"requester" has the meaning given by subregulation   3 A.3(1).