Commonwealth Numbered Acts

TRADE MARKS ACT 1995

TABLE OF PROVISIONS

           Long Title

   1.      Short title  
   2.      Commencement  
   3.      Act binds the Crown  
   4.      Application of Act  
   5.      Repeal of Trade Marks Act 1994  
   6.      Definitions  
   7.      Use of trade mark  
   8.      Definitions of authorised user and authorised use  
   9.      Definition of applied to and applied in relation to  
   10.     Definition of deceptively similar  
   11.     Application for registration under this Act  
   12.     Definition of priority date  
   13.     Definition of remove from the Register  
   14.     Definition of similar goods and similar services  
   15.     Definition of originate in relation to wine  
   16.     Definition of repealed Act  
   17.     What is a trade mark?  
   18.     Certain signs not to be used as trade marks etc.  
   19.     Certain trade marks may be registered  
   20.     Rights given by registration of trade mark  
   21.     Nature of registered trade mark as property  
   22.     Power of registered owner to deal with trade mark  
   23.     Limitation on rights if similar trade marks etc. registered by different persons  
   24.     Trade mark consisting of sign that becomes accepted as sign describing article etc.  
   25.     Trade mark relating to article etc. formerly manufactured under patent  
   26.     Powers of authorised user of registered trade mark  
   27.     Application-how made  
   28.     Application by joint owners  
   29.     Application for registration of trade mark whose registration has been sought in a Convention country-claim for priority  
   30.     Particulars of application to be published  
   31.     Registrar to examine, and report on, application  
   32.     Registrar to decide on disputed classification of goods etc.  
   33.     Application accepted or rejected  
   34.     Notice etc. of decision  
   35.     Appeal  
   36.     Deferment of acceptance  
   37.     Lapsing of application  
   38.     Revocation of acceptance  
   39.     Trade mark containing etc. certain signs  
   40.     Trade mark that cannot be represented graphically  
   41.     Trade mark not distinguishing applicant's goods or services  
   42.     Trade mark scandalous or its use contrary to law  
   43.     Trade mark likely to deceive or cause confusion  
   44.     Identical etc. trade marks  
   45.     Definition of divisional application  
   46.     Divisional application possible only if initial application is pending  
   47.     Divisional application for registration of part of trade mark  
   48.     Divisional application for registration of trade mark in respect of some of the goods etc. specified in the initial application  
   49.     Divisional application for registration of trade mark in respect of goods etc. excluded from the initial application  
   50.     Filing date  
   51.     Application-series of trade marks  
   52.     Opposition  
   53.     Circumstances in which opposition may proceed in name of a person other than the person who filed the notice  
   54.     Opposition proceedings  
   55.     Decision  
   56.     Appeal  
   57.     Registration may be opposed on same grounds as for rejection  
   58.     Applicant not owner of trade mark  
   59.     Applicant not intending to use trade mark  
   60.     Trade mark similar to trade mark that has acquired a reputation in Australia  
   61.     Trade mark containing or consisting of a false geographical indication  
   62.     Application etc. defective etc.  
   63.     Amendment of application for registration of trade mark  
   64.     Amendment before particulars of application are published  
   65.     Amendment after particulars of application have been published  
   66.     Amendment of other documents  
   67.     Appeal  
   68.     Obligation to register  
   69.     Registration-how effected  
   70.     Colours in registered trade marks  
   71.     Notification of registration  
   72.     Date and term of registration  
   73.     Ceasing of registration  
   74.     Disclaimers  
   75.     Request for renewal  
   76.     Notice of renewal due  
   77.     Renewal before registration expires  
   78.     Failure to renew  
   79.     Renewal within 12 months after registration expires  
   80.     Status of unrenewed trade mark  
   81.     Correction of Register  
   82.     Adaptation of classification  
   83.     Amendment of particulars of trade mark entered in Register  
   84.     Cancellation of registration  
   85.     Amendment to correct error or omission  
   86.     Amendment or cancellation on ground of contravention of condition etc.  
   87.     Amendment or cancellation-loss of exclusive rights to use trade mark  
   88.     Amendment or cancellation-other specified grounds  
   89.     Rectification may not be granted in certain cases if registered owner not at fault etc.  
   90.     Duties and powers of Registrar  
   91.     Amendment of certificate of registration  
   92.     Application for removal of trade mark from Register etc.  
   93.     Time for making application  
   94.     Referral to court  
   95.     Notification of application  
   96.     Notice of opposition  
   97.     Removal of trade mark from the Register etc. if application unopposed  
   98.     Trade mark restored to Register if notice of opposition filed within extended time  
   99.     Proceedings before Registrar  
   100.    Burden on opponent to establish use of trade mark etc.  
   101.    Determination of opposed application-general  
   102.    Determination of opposed application-localised use of trade mark  
   103.    Registrar to comply with order of court  
   104.    Appeal  
   105.    Certificate-use of trade mark  
   106.    Assignment etc. of trade mark  
   107.    Applications for record to be made of assignment etc. of trade mark whose registration is sought  
   108.    Recording of assignment etc. of trade mark whose registration is sought  
   109.    Application for record of assignment etc. of registered trade mark to be entered in Register  
   110.    Recording of assignment etc. of registered trade mark  
   111.    Notice of application to be given to person recorded as claiming interest in trade mark etc.  
   112.    Object of Part  
   113.    Application to have claims to interest etc. recorded  
   114.    Record of claims to interest etc.  
   115.    Amendment and cancellation  
   116.    Record not proof etc. of existence of right etc.  
   117.    Application to have claims to interest etc. recorded  
   118.    Record of claims to interest etc.  
   119.    Amendment and cancellation  
   120.    When is a registered trade mark infringed?  
   121.    Infringement of trade mark by breach of certain restrictions  
   122.    When is a trade mark not infringed?  
   123.    Goods etc. to which registered trade mark has been applied by or with consent of registered owner  
   124.    Prior use of identical trade mark etc.  
   125.    What courts may hear action for infringement of registered trade mark  
   126.    What relief can be obtained from court  
   127.    Special case-plaintiff not entitled to damages etc.  
   128.    Circumstances in which action may not be brought  
   129.    Groundless threats of legal proceedings  
   130.    Counterclaim by defendant in action on groundless threats  
   131.    Object of Part  
   132.    Notice of objection to importation  
   133.    Comptroller may seize goods infringing trade mark  
   134.    Notice of seizure  
   135.    Forfeiture of goods  
   136.    Release of goods to owner-no action for infringement  
   137.    Action for infringement of trade mark  
   138.    Action for infringement by authorised user  
   139.    Forfeited goods-how to be disposed of  
   140.    Power of Comptroller to retain control of goods  
   141.    Insufficient security  
   142.    Commonwealth not liable for loss etc. suffered because of seizure  
   143.    Power to require information  
   144.    Modification in relation to Norfolk Island etc.  
   145.    Falsifying etc. a registered trade mark  
   146.    Falsely applying a registered trade mark  
   147.    Manufacture and possession of die etc. for use in commission of offence  
   148.    Selling etc. goods with false marks  
   149.    Penalty for offence under section 145, 146, 147 or 148  
   150.    Aiding and abetting offences  
   151.    False representations regarding trade marks  
   152.    False entries in Register etc.  
   153.    Disobeying summons etc.  
   154.    Refusing to give evidence etc.  
   155.    Unauthorised persons not to act in trade mark matters  
   156.    Unregistered persons  
   157.    False representation about Trade Marks Office  
   158.    Trade marks officer not to prepare documents etc.  
   159.    Forfeiture orders under the Proceeds of Crime Act 1987  
   160.    Conduct of directors, servants and agents  
   161.    Object of Part  
   162.    What is a collective trade mark?  
   163.    Application of Act  
   164.    Application for registration  
   165.    Limitation on rights given by registered collective trade mark  
   166.    Assignment etc. of collective trade mark  
   167.    Infringement of collective trade mark  
   168.    Object of Part  
   169.    What is a certification trade mark?  
   170.    Application of Act  
   171.    Rights given by registration of a certification trade mark  
   172.    Rights of persons allowed to use certification trade mark  
   173.    Rules governing the use of certification trade marks  
   174.    Registrar to reject application or send it to Commission  
   175.    Certificate by Commission  
   176.    Acceptance of application  
   177.    Additional ground for rejecting an application or opposing registration-certification trade mark not distinguishing certified goods or services  
   178.    Variation of rules  
   179.     Rules to be available for inspection  
   180.    Assignment of registered certification trade mark  
   181.    Rectification of the Register by order of court  
   182.    Variation of rules by order of court  
   183.    Delegation of Commission's powers and functions  
   184.    Object of Part  
   185.    Defensive trade marks  
   186.    Application of Act  
   187.    Additional grounds for rejecting application for registration or opposing registration  
   188.    Amendment or cancellation of registration by order of court  
   189.    Cancellation of registration by Registrar  
   190.    Prescribed courts  
   191.    Jurisdiction of the Federal Court  
   192.    Jurisdiction of other prescribed courts  
   193.    Exercise of jurisdiction  
   194.    Transfer of proceedings  
   195.    Appeals  
   196.    Registrar may appear in appeals  
   197.    Powers of Federal Court  
   198.    Practice and procedure of prescribed courts  
   199.    Trade Marks Office and sub-offices  
   200.    Seal of Trade Marks Office  
   201.    Registrar of Trade Marks  
   202.    Registrar's powers  
   203.    Exercise of power by Registrar  
   204.    Registrar to act as soon as practicable  
   205.    Deputy Registrar of Trade Marks  
   206.    Delegation of Registrar's powers and functions  
   207.    The Register  
   208.    Register may be kept on computer  
   209.    Inspection of Register  
   210.    Evidence-the Register  
   211.    Evidence-certified copies of documents  
   212.    Making and signing applications etc.  
   213.    Filing of documents  
   214.    Withdrawal of application etc.  
   215.    Address for service  
   216.    Change of name  
   217.    Death of applicant etc.  
   218.    Description of registered trade mark  
   219.    Evidence of trade usage  
   220.    Death of party to proceeding before Registrar  
   221.    Costs awarded by Registrar  
   222.    Security for costs  
   223.    Fees  
   224.    Extension of time  
   225.    Convention countries  
   226.    Publication of Official Journal etc.  
   227.    Notice regarding review of decision by Administrative Appeals Tribunal  
   228.    Use of trade mark for export trade  
   229.    Rights etc. of patent attorney  
   230.    Passing off actions  
   231.    Regulations  
   232.    Repeal  
   233.    Automatic registration under this Act  
   234.    Registration conclusive after 7 years  
   235.    Term of registration  
   236.    Renewal  
   237.    Restoration of particulars to Register and renewal of registration where registration expired within 12 months before 1 January 1996  
   238.    Disclaimers  
   239.    Rules governing the use of certification trade marks registered in Part C of the old register  
   240.    Applications, notices etc.-general  
   241.    Application for registration of trade mark  
   242.    Divisional application in relation to pending application  
   243.    More than one application lodged on same day for registration of same trade mark  
   244.    Application for registration of trade mark whose registration has been sought in Convention country  
   245.    Application for registration of a mark in Part C of the old register  
   246.    Application for registration of a mark in Part D of the old register  
   247.    Amendment of application-specification of goods or services  
   248.    Revival of application for registration of trade mark that had lapsed before 1 January 1996  
   249.    Application for registration of assignment etc.  
   250.    Rectification of Register  
   251.    Action for removal of trade mark from Register for non-use  
   252.    Action for infringement of trade mark etc.  
   253.    Action under this Act for infringement of trade mark under repealed Act  
   254.    Acts not constituting infringement of trade mark  
   255.    Application of this Act-general  
   256.    Fees  
   257.    The Registrar and Deputy Registrar  
   258.    Confidential information received by Registrar under section 74 of the repealed Act  
   259.    Documents kept under repealed Act  
   260.    Address for service  
   261.    Notices to Comptroller objecting to importation of goods