Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 132

132. (1) The registered owner of a registered trade mark may give to the
Comptroller a notice in writing objecting to the importation after the date of
the notice of goods that infringe the trade mark. The notice is to be given
together with any prescribed document.

(2) If:

   (a)  the registered owner of the registered trade mark has not given a
        notice under subsection (1); or

   (b)  any notice given under subsection (1) is no longer in force; an
        authorised user of the trade mark having power to give a notice under
        subsection (1) may ask the registered owner to give such a notice in
        respect of the trade mark. Note 1: For authorised user see section 8.
        Note 2: An authorised user of the trade mark may not have power to
        give a notice under subsection (1) because of the terms of the
        agreement between the authorised user and the registered owner of the
        trade mark (see section 26).

(3) If the registered owner does not comply with the request within the
prescribed period, the authorised user may give the notice to the Comptroller.
The authorised user must give also to the Comptroller, together with the
notice:

   (a)  any document prescribed for the purposes of subsection (1); and

   (b)  any other prescribed document.

(4) A notice given by the registered owner of a trade mark remains in force
for 2 years from the day on which the notice is given unless it is revoked,
before the end of that period, by notice in writing given to the Comptroller
by the person who is then the registered owner of the trade mark.

(5) A notice given by an authorised user of the trade mark remains in force
for 2 years unless it is revoked, before the end of that period, by notice in
writing given to the Comptroller:

   (a)  if the authorised user has power to revoke the notice-by the
        authorised user; or

   (b)  in any other case-by the person who is then the registered owner of
        the trade mark. Note 1: For authorised user see section 8. Note 2: An
        authorised user of a trade mark may not have power to revoke the
        notice because of the terms of the agreement between the authorised
        user and the registered owner of the trade mark (see section 26).