Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 6

6. In this Act, unless the contrary intention appears:
applicant, in relation to an application, means the person in whose name the
application is for the time being proceeding.
applied to and applied in relation to have the respective meanings given in
section 9.
approved form means a form approved by the Registrar for the purposes of the
provision in which the expression appears.
assignment, in relation to a trade mark, means an assignment by act of the
parties concerned.
association does not include a body corporate.
Australia includes the following external Territories:

   (a)  Christmas Island;

   (b)  Cocos (Keeling) Islands;

   (c)  Norfolk Island.
Australian continental shelf has the same meaning as in the Seas and 
Submerged Lands Act 1973 .
authorised use, in relation to a trade mark, has the meaning given by section
8.
authorised user, in relation to a trade mark, has the meaning given by section
8.
certification trade mark has the meaning given by section 169.
collective trade mark has the meaning given by section 162.
Commission means the Trade Practices Commission established under the Trade
Practices Act 1974 .
Comptroller means the Comptroller-General of Customs.
Convention country means a country declared (by regulations made under section
225) to be a Convention country for the purposes of this Act.
date of registration, in relation to the registration of a trade mark in
respect of particular goods or services, means the day from which the
registration of the trade mark in respect of those goods or services is taken
to have had effect under subsection 72(1) or (2).
deceptively similar has the meaning given by section 10.
defensive trade mark has the meaning given by section 185.
Deputy Registrar means a Deputy Registrar of Trade Marks.
designated owner, in relation to goods imported into Australia, means the
person identified as the owner of the goods on the entry made in relation to
the goods under section 68 of the Customs Act 1901.
divisional application has the meaning given by section 45.
employee has the same meaning as in the Public Service Act 1922.
examine, in relation to an application for the registration of a trade mark,
means to carry out an examination under section 31 in relation to the
application.
existing registered mark means a mark that was registered in Part A, B, C or D
of the old register before 1 January 1996 and whose registration under the
repealed Act was due to expire after that day.
Federal Court means the Federal Court of Australia.
file means to file at the Trade Marks Office. Note: See section 213.
filing date means:

   (a)  in relation to an application for the registration of a trade mark
        other than an application referred to in another paragraph of this
        definition-the day on which the application is filed; or

   (b)  in relation to a divisional application for the registration of a
        trade mark-the day on which the initial application (within the
        meaning of Division 3 of Part 4) was filed; or

   (c)  in relation to an application to which section 241 applies-the day
        referred to in subsection 241(5); or

   (d)  in relation to an application made under section 243-the day referred
        to in subsection 243(6).
geographical indication, in relation to goods originating in a particular
country or in a region or locality of that country, means a sign recognised in
that country as a sign indicating that the goods:

   (a)  originated in that country, region or locality; and

   (b)  have a quality, reputation or other characteristic attributable to
        their geographical origin.
goods of a person means goods dealt with or provided in the course of trade by
the person.
lawyer means a barrister or solicitor of the High Court or of the Supreme
Court of a State or Territory.
limitations means limitations of the exclusive right to use a trade mark given
by the registration of the trade mark, including limitations of that right as
to:

   (a)  mode of use; or

   (b)  use within a territorial area within Australia; or

   (c)  use in relation to goods or services to be exported.
notified trade mark means a trade mark in respect of which a notice under
section 132 is in force.
objector, in relation to seized goods, means any person who has given under
section 132 a notice in respect of those goods that is in force.
Official Journal means the Official Journal of Trade Marks mentioned in
section 226.
old register means the Register of Trade Marks kept under the repealed Act.
opponent, in relation to the registration of a trade mark, means:

   (a)  the person who has filed (under section 52) a notice of opposition to
        the registration of the trade mark; or

   (b)  if section 53 applies-a person in whose name the notice of opposition
        is taken to have been filed.
originate, in relation to wine, has the meaning given by section 15.
patent attorney means a person registered as a patent attorney under the
Patents Act 1990.
pending, in relation to an application for the registration of a trade mark,
has the meaning given by section 11.
person includes a body of persons, whether incorporated or not.
predecessor in title, in relation to a person who claims to be the owner of a
trade mark, means:

   (a)  if the trade mark was assigned or transmitted to one or more than one
        other person before it was assigned or transmitted to the
        first-mentioned person-that other person or any one of those other
        persons; or

   (b)  if paragraph (a) does not apply-the person who assigned the trade
        mark, or from whom the trade mark was transmitted, to the
        first-mentioned person. Note: In the case of a trade mark that is
        neither registered nor the subject of an application for registration,
        the trade mark may be assigned or transmitted in Australia only in
        conjunction with the goodwill of a business concerned with the trade
        mark. If the trade mark is registered or the subject of an application
        for registration, section 106 provides that the trade mark may be
        assigned or transmitted with or without the goodwill of the business.
prescribed court means a court that is under section 190 a prescribed court
for the purposes of this Act.
priority date has the meaning given by section 12.
Register means the Register of Trade Marks kept under section 207.
registered owner, in relation to a registered trade mark, means the person in
whose name the trade mark is registered.
registered trade mark means a trade mark whose particulars are entered in the
Register under this Act.
Registrar means the Registrar of Trade Marks. Note: Sections 201, 202, 203,
204 and 206 deal with the office, powers and functions of the Registrar of
Trade Marks.
registration number, in relation to a registered trade mark, means the number
given to it under subsection 68(2).
remove from the Register, in relation to a trade mark, has the meaning given
by section 13.
repealed Act has the meaning given by section 16.
seized goods means goods seized under section 133.
services of a person means services dealt with or provided in the course of
trade by the person.
sign includes the following or any combination of the following, namely, any
letter, word, name, signature, numeral, device, brand, heading, label, ticket,
aspect of packaging, shape, colour, sound or scent.
similar goods has the meaning given by subsection 14(1).
similar services has the meaning given by subsection 14(2).
this Act includes the regulations.
trade mark has the meaning given by section 17.
trade marks officer means a person who:

   (a)  holds, or performs the duties of, an Australian Public Service office
        in the Trade Marks Office; or

   (b)  is an employee employed in the Trade Marks Office; or

   (c)  is not a person referred to in paragraph (a) or (b) but performs
        services, under the control of the Registrar, for or on behalf of the
        Commonwealth. Note 1: For employee see this section. Note 2: The
        Registrar and a Deputy Registrar are trade marks officers.
        transmission means:

   (a)  transmission by operation of law; or

   (b)  devolution on the personal representative of a deceased person; or

   (c)  any other kind of transfer except assignment.
use of a trade mark has a meaning affected by subsections 7(1), (2) and (3).
use of a trade mark in relation to goods has the meaning given by subsection
7(4).
use of a trade mark in relation to services has the meaning given by
subsection 7(5).
word includes an abbreviation of a word.