• Specific Year
    Any

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 92 Application for removal of trade mark from Register etc.

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 92

Application for removal of trade mark from Register etc.
92.(1) A person aggrieved by the fact that:

   (a)  a trade mark is or may be registered; or

   (b)  a trade mark removed from the Register for non-renewal of its
        registration may be restored to the Register; may, subject to
        subsection (3), apply to the Registrar for the trade mark to be
        removed from, or not to be restored to, the Register.

(2) The application:

   (a)  must be in accordance with the regulations; and

   (b)  may be made in respect of any or all of the goods or services in
        respect of which the trade mark may be, is, or was, registered.

(3) An application may not be made to the Registrar under subsection (1) if an
action concerning the trade mark is pending in a prescribed court, but the
person aggrieved may apply to the court for an order directing the Registrar
to remove the trade mark from the Register or not to restore it to the
Register.

(4) An application under subsection (1) or (3) ("non-use application") may be
made on either or both of the following grounds, and on no other grounds:

   (a)  that, on the day on which the application for the registration of the
        trade mark was filed, the applicant for registration had no intention
        in good faith:

        (i)    to use the trade mark in Australia; or

        (ii)   to authorise the use of the trade mark in Australia; or

        (iii)  to assign the trade mark to a body corporate for use by the
               body corporate in Australia; in relation to the goods or
               services to which the non-use application relates and that the
               registered owner has not used the trade mark in good faith in
               Australia in relation to those goods or services at any time
               before the period of one month ending on the day on which the
               non-use application is filed;

   (b)  that the trade mark has remained registered, or (if it were restored
        to the Register) would have remained registered, for a continuous
        period of 3 years ending one month before the day on which the
        non-use application is filed, and, at no time during that period, the
        person who was then the registered owner used the trade mark in good
        faith in Australia in relation to the goods or services to which the
        application relates.