Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 136

136. (1) The Comptroller must release the seized goods to their designated
owner if, within the action period, the objector has not, or none of the
objectors has:

   (a)  brought an action for infringement of the notified trade mark in
        respect of the goods; and

   (b)  given to the Comptroller notice in writing of the action. Note 1: For
        seized goods, designated owner, objector and notified trade mark see
        section 6. Note 2: For action period see subsection (4).

(2) The Comptroller must also release the seized goods to their designated
owner if:

   (a)  before the end of the action period, the objector or each of the
        objectors has, by notice in writing to the Comptroller, consented to
        the release of the goods; and

   (b)  at that time:

        (i)    the objector has not, or none of the objectors has, brought an
               action for infringement of the notified trade mark in respect
               of the goods; or

        (ii)   any action brought by an objector has been withdrawn. Note 1:
               For seized goods, designated owner, objector and notified trade
               mark see section 6. Note 2: For action period see subsection
               (4).

(3) The Comptroller may release the seized goods to their designated owner at
any time before the end of the action period if:

   (a)  the Comptroller, having regard to information that has come to his or
        her knowledge after the goods were seized, is satisfied that there are
        no reasonable grounds for believing that the notified trade mark has
        been infringed by the importation of the goods; and

   (b)  the objector has not, or none of the objectors has, brought an action
        for infringement of the notified trade mark in respect of the goods.
        Note 1: For seized goods, designated owner, objector and notified
        trade mark see section 6. Note 2: For action period see subsection
        (4). Note 3: In obtaining information for the purposes of this
        section, the Comptroller must comply with Principles 1, 2 and 3 in
        section 14 of the Privacy Act 1988.

(4) In this section:
action period, in relation to seized goods, means:

   (a)  if there is only one objector to the importation of the goods-the
        period within which the objector may bring an action for infringement
        of the registered trade mark in respect of goods under
        subsection 137(1); or

   (b)  if there is more than one objector to the importation of the goods-the
        period beginning on the earliest day on which an objector may bring an
        action for infringement of the registered trade mark in respect of the
        goods under subsection 137(1) and ending at the end of the last day on
        which an objector may bring such an action under subsection 137(1).
        Note: For objector see section 6.