TRADE MARKS ACT 1994
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 Repealed Act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
