TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 164 Unregistered persons

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 164

164.(1) A person must not carry on business or practise as a trade marks
attorney, trade marks agent or agent for obtaining the registration of trade
marks unless the person is:

   (a)  a lawyer; or

   (b)  a registered patent attorney; or

   (c)  a person referred to in paragraph 135(1)(h) or (i) of the
        repealed Act. Penalty: 30 penalty units.

(2) The members of a partnership must not carry on business or practise as
trade marks attorneys or trade marks agents or agents for obtaining the
registration of trade marks unless each member is:

   (a)  a lawyer; or

   (b)  a registered patent attorney; or

   (c)  a person referred to in paragraph 135(1)(h) or (i) of the
        repealed Act. Penalty: 30 penalty units.

(3) 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)  a trade marks attorney; or

   (b)  a trade marks agent; or

   (c)  an agent for obtaining the registration of a trade mark; unless the
        person is a registered patent attorney or a lawyer. Penalty: 30
        penalty units.

(4) The members of a partnership must not describe themselves, or hold
themselves out, or permit themselves to be described or held out, as:

   (a)  trade marks attorneys; or

   (b)  trade marks agents; or

   (c)  agents for obtaining the registration of a trade mark; unless each
        member is a registered patent attorney or a lawyer. Penalty: 30
        penalty units.

(5) If:

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

   (b)  a director, manager, secretary or other officer of the company has
        knowingly 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.

(6) 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.

(7) For the purposes of this section, a person is taken to carry on business
or practise as a trade marks attorney or a trade marks agent if the person
undertakes in Australia to do, for gain, any or all of the acts referred to in
paragraph 163(a), (b) or (c). Note: The Reader's Guide gives information about
penalties (see the paragraphs under the subheading Crimes Act 1914).