Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 13.5

Claim for release of seized goods

             (1)  For paragraph 136(3)(a) of the Act, the claim must be in a form approved by the Comptroller-General of Customs.

             (2)  For paragraph 136(3)(b) 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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