Commonwealth Numbered Acts

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 25

25.(1) A person who claims to be the owner of a trade mark may apply to the
Registrar for the registration of the trade mark.

(2) The application must:

   (a)  be in accordance with the regulations; and

   (b)  be filed, together with any prescribed document, in accordance with
        the regulations.

(3) Without limiting the particulars that may be included in an application,
the application must:

   (a)  include a representation of the trade mark; and
(b) specify the goods and/or services ("relevant goods and services") in
respect of which it is sought to register the trade mark; and

   (c)  contain:

        (i)    a statement that the applicant is the owner of the trade mark;
               and

        (ii)   a statement of a kind referred to in subsection (4) relating to
               the use of the trade mark.

(4) The application must contain:

   (a)  a statement that the applicant:

        (i)    is using or intends to use; or

        (ii)   has authorised or intends to authorise another person to use;
               the trade mark in relation to the relevant goods and services;
               or

   (b)  a statement that the applicant intends to assign the trade mark to a
        body corporate that is about to be constituted and that the body
        corporate intends to use the trade mark in relation to the
        relevant goods and services. Note: For "use" see section 6.

(5) An application may be made in respect of goods and services of one or more
of the classes prescribed under subsection 18(3).