Commonwealth Numbered Acts

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TRADE MARKS ACT 1994


TABLE OF PROVISIONS

           Long Title

   1.      Short title  
   2.      Commencement  
   3.      Act binds the Crown  
   4.      Application of Act  
   5.      Definitions  
   6.      Use of trade mark  
   7.      Authorised use of trade mark  
   8.      Definition of "applied to" and "applied in relation to"  
   9.      Definition of "deceptively similar"  
   10.     Associated trade marks  
   11.     Abandonment of trade mark  
   12.     Definition of "pending"  
   13.     Remove from the Register  
   14.     Restore to the Register  
   15.     Repealed Act  
   16.     What is a trade mark?  
   17.     Certain signs not to be used as trade marks etc.  
   18.     Certain trade marks may be registered  
   19.     Rights given by registration of trade mark  
   20.     Nature of registered trade mark as property  
   21.     Power of registered owner to deal with trade mark  
   22.     Limitation on rights if similar trade marks etc. registered by different persons  
   23.     Trade mark consisting of sign that becomes accepted as sign describing article etc.  
   24.     Trade mark relating to article etc. formerly manufactured under patent  
   25.     Application-how made  
   26.     Application by joint owners  
   27.     Application for registration of trade mark whose registration has been sought in a Convention country-claim for priority  
   28.     Details of application to be published  
   29.     Application-trade mark consisting etc. of name etc. of a person other than the applicant  
   30.     Examination of application  
   31.     Registrar to decide on disputed classification of goods etc.  
   32.     Application accepted or rejected  
   33.     Notice etc. of decision  
   34.     Appeal  
   35.     Lapsing of application  
   36.     Revocation of acceptance  
   37.     Trade mark containing etc. certain signs  
   38.     Trade mark that cannot be represented in writing  
   39.     Trade mark consisting of shape of goods  
   40.     Trade mark not distinguishing applicant's goods or services  
   41.     Trade mark consisting of signs designating quality etc.  
   42.     Scandalous marks etc.  
   43.     Trade mark consisting etc. of name etc. of person other than the applicant  
   44.     Identical etc. trade marks  
   45.     Object of Division  
   46.     Divisional application possible only if initial application is pending  
   47.     Divisional application for registration of part of trade mark  
   48.     Divisional application for registration of trade mark in respect of some of the goods and services specified in the initial application  
   49.     Divisional application for registration of trade mark in respect of goods or services excluded from the initial application  
   50.     Filing date  
   51.     Application-series of trade marks  
   52.     Opposition  
   53.     Re-examination  
   54.     Opposition proceedings  
   55.     Decision  
   56.     Appeal  
   57.     Registration may be opposed on same grounds as for rejection  
   58.     Applicant not owner of trade mark  
   59.     Applicant not intending to use trade mark  
   60.     Interference with right of opponent to use another trade mark  
   61.     Trade mark similar to well-known trade mark  
   62.     Trade mark in respect of wine etc. containing or consisting of a false geographical indication  
   63.     Application etc. defective etc.  
   64.     Amendment of application  
   65.     Amendment before details of application are published  
   66.     Amendment after details of application have been published  
   67.     Amendment of other documents  
   68.     Appeal  
   69.     Obligation to register  
   70.     Registration-how effected  
   71.     Colours in registered trade marks  
   72.     Notification of registration  
   73.     Date and term of registration  
   74.     Ceasing of registration  
   75.     Disclaimers  
   76.     Request for renewal  
   77.     Notice of renewal due  
   78.     Renewal  
   79.     Failure to renew-entry in Register  
   80.     Restoration of trade mark to Register  
   81.     Status of unrenewed trade mark  
   82.     Correction of Register  
   83.     Adaptation of classification  
   84.     Amendment of particulars of trade mark entered in Register  
   85.     Cancellation of registration  
   86.     Amendment to correct error or omission  
   87.     Amendment or cancellation on ground of contravention of condition etc.  
   88.     Amendment or cancellation-loss of exclusive rights to use trade mark  
   89.     Amendment or cancellation-other specified reasons  
   90.     Duties and powers of Registrar  
   91.     Object of Part  
   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  
   97.     Removal of trade mark from the Register etc. if application unopposed  
   98.     Trade mark restored to Register if notice of opposition filed within 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 trade mark  
   103.    Registrar to comply with order of court  
   104.    Appeal  
   105.    Certificate-use of trade mark  
   106.    Assignment etc. of trade mark  
   107.    Assignment of associated trade marks  
   108.    Assignment etc. of trade mark whose registration is sought  
   109.    Application for record of assignment etc. of registered trade mark to be entered in Register  
   110.    Recording of assignment etc. of registered trade mark  
   111.    Notice of application to be given to registered user etc.  
   112.    Invalidity  
   113.    Registration of users  
   114.    Application for registration  
   115.    Registration-how effected  
   116.    Powers of registered user  
   117.    User may not assign etc. any right  
   118.    Common law rights of registered owner not affected by registration  
   119.    Amendment of registration  
   120.    Cancellation of registration  
   121.    Object of Part  
   122.    Application to have interest etc. recorded  
   123.    Record of interest etc.  
   124.    Amendment and cancellation  
   125.    Record not proof etc. of existence of right etc.  
   126.    Application to have interest etc. recorded  
   127.    Record of interest etc.  
   128.    Amendment and cancellation  
   129.    When is a trade mark infringed?  
   130.    Infringement of trade mark by breach of certain restrictions  
   131.    When is a trade mark not infringed?  
   132.    Goods to which registered trade mark affixed by or with consent of registered owner  
   133.    Prior use of identical trade mark etc.  
   134.    Second-hand goods  
   135.    What courts may hear action etc. for infringement of registered trade mark  
   136.    What relief can be obtained from court  
   137.    Special case-plaintiff not entitled to damages etc.  
   138.    Groundless threats of legal proceedings  
   139.    Counterclaim by defendant in action on groundless threats  
   140.    Object of Part  
   141.    Notice of objection to importation  
   142.    Comptroller may seize goods infringing trade mark  
   143.    Notice of seizure  
   144.    Forfeiture of goods  
   145.    Release of goods to owner-no action for infringement  
   146.    Action for infringement of trade mark  
   147.    Action for infringement by registered user  
   148.    Forfeited goods-how to be disposed of  
   149.    Power of Comptroller to retain control of goods  
   150.    Insufficient security  
   151.    Commonwealth not liable for loss etc. suffered because of seizure  
   152.    Power to require information  
   153.    Modification in relation to Norfolk Island etc.  
   154.    Falsifying etc. a registered trade mark  
   155.    Falsely applying a registered trade mark  
   156.    Manufacture and possession of die etc. for use in commission of offence  
   157.    Selling etc. goods with false marks  
   158.    Aiding and abetting offences  
   159.    False representations regarding trade marks  
   160.    False entries in Register etc.  
   161.    Disobeying summons etc.  
   162.    Refusing to give evidence etc.  
   163.    Unauthorised persons not to act in trade mark matters  
   164.    Unregistered persons  
   165.    False representation about Trade Marks Office  
   166.    Registrar etc. not to prepare documents etc.  
   167.    Forfeiture orders under the Proceeds of Crime Act 1987  
   168.    Conduct of directors, servants and agents  
   169.    Object of Part  
   170.    What is a collective trade mark?  
   171.    Application of Act  
   172.    Application for registration  
   173.    Limitation on rights given by registered collective trade mark  
   174.    Assignment etc. of collective trade mark  
   175.    Infringement of collective trade mark  
   176.    Object of Part  
   177.    What is a certification trade mark?  
   178.    Application of Act  
   179.    Rights given by registration of a certification trade mark  
   180.    Rights of persons allowed to use certification trade mark  
   181.    Application for registration  
   182.    Rules governing the use of certification trade marks  
   183.    Ground for rejecting an application-certification trade mark not distinguishing certified goods or services  
   184.    Registrar to reject application or send it to Commission  
   185.    Certificate by Commission  
   186.    Acceptance of application  
   187.    Variation of rules  
   188.    Rules to be available for inspection  
   189.    Infringement  
   190.    Assignment of registered certification trade mark  
   191.    Rectification of the Register etc.  
   192.    Object of Part  
   193.    Defensive trade marks  
   194.     
   195.    Application for registration  
   196.    Grounds for rejecting application  
   197.    Cancellation of registration by order of court  
   198.    Cancellation of registration by Registrar  
   199.    Prescribed courts  
   200.    Jurisdiction of the Federal Court  
   201.    Jurisdiction of other prescribed courts  
   202.    Exercise of jurisdiction  
   203.    Transfer of proceedings  
   204.    Appeals  
   205.    Registrar may appear in appeals  
   206.    Powers of Federal Court  
   207.    Practice and procedure of prescribed courts  
   208.    Trade Marks Office and sub-offices  
   209.    Seal of Trade Marks Office  
   210.    Registrar of Trade Marks  
   211.    Registrar's powers  
   212.    Exercise of power by Registrar  
   213.    Deputy Registrar of Trade Marks  
   214.    Delegation of Registrar's powers and functions  
   215.    The Register  
   216.    Register may be kept on computer  
   217.    Inspection of Register  
   218.    Documents and records open to inspection  
   219.    Evidence-the Register  
   220.    Evidence-certified copies of documents  
   221.    Making and signing applications etc.  
   222.    Filing of documents  
   223.    Withdrawal of application etc.  
   224.    Address for service  
   225.    Death of applicant etc.  
   226.    Description of registered trade mark  
   227.    Evidence of trade usage  
   228.    Death of party to proceeding before Registrar  
   229.    Costs awarded by Registrar  
   230.    Costs of attendance of patent attorney  
   231.    Security for costs  
   232.    Passing off actions  
   233.    Fees  
   234.    Extension of time  
   235.    Convention countries  
   236.    Publication of Official Journal etc.  
   237.    Notice regarding review of decision by Administrative Appeals Tribunal  
   238.    Use of trade mark for export trade  
   239.    Rights etc. of patent attorney  
   240.    Regulations  
   241.    Repeal  
   242.    Automatic registration under this Act  
   243.    Associated trade marks  
   244.    Registration conclusive after 7 years  
   245.    Term of registration  
   246.    Renewal  
   247.    Restoration of trade mark removed from old register for non-payment of renewal fee  
   248.    Applications, notices etc.-general  
   249.    Application for registration of trade mark  
   250.    Divisional application in relation to pending application  
   251.    More than one application made on same day for registration of trade mark  
   252.    Application for registration of trade mark whose registration has been sought in Convention country  
   253.    Application for registration of a mark in Part C of the old register  
   254.    Application for registration of defensive trade mark in Part D of the old register  
   255.    Amendment of application-specification of goods or services  
   256.    Term of registration if filing date is earlier than commencement of this Act  
   257.    Application for registration of assignment etc.  
   258.    Rectification of Register  
   259.    Action for removal of trade mark from Register for non-use  
   260.    Action for infringement of trade mark etc.  
   261.    Action under this Act for infringement of trade mark under repealed Act  
   262.    Acts not constituting infringement of trade mark  
   263.    Application of this Act-general  
   264.    Fees  
   265.    The Registrar and Deputy Registrar  
   266.    Address for service  
   267.    Notices to Comptroller objecting to importation of goods  


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