Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 13.5

Claim for release of seized goods

    For the purposes of subsection   136(3) of the Act, the claim must include the following information:

  (a)   the designated owner's full name, home or business address and address for service;

  (b)   a telephone number for the designated owner;

  (c)   the grounds for seeking the release of the seized goods;

  (d)   if the designated owner's home or business address is not in Australia:

  (i)   the full name and the home or business address of a person who is the designated owner's agent in Australia; and

  (ii)   an address for service for the person who is the designated owner's agent in Australia; and

  (iii)   a telephone number for the person; and

  (iv)   information showing that the person agreed to be the designated owner's agent;

  (e)   if a person or body other than the agent made arrangements on the designated owner's behalf for the seized goods to be brought to Australia:

  (i)   the full name, home or business address and address for service of the person or body; and

  (ii)   a telephone number for the person or body.

Note:   Examples of grounds for paragraph   (c) are:

(a)   that the goods do not infringe the notified trade mark; and

(b)   that the importation of the goods does not infringe the notified trade mark.



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