Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 155

155. (1) A person must not ask, or accept, any payment or other reward for:

   (a)  applying for, or obtaining, on behalf of another person:

        (i)    the registration of a trade mark; or

        (ii)   the making of any entry in the Register; or

        (iii)  the amendment, cancellation, removal or restoration of any
               entry in the Register; or

   (b)  preparing, or causing to be filed in accordance with this Act, a
        document necessary for another person to obtain or oppose:

        (i)    the registration of a trade mark; or

        (ii)   the making of an entry in the Register; or

        (iii)  the amendment, cancellation, removal or restoration of any
               entry in the Register; or

   (c)  giving advice to another person about the validity of the registration
        of a trade mark or the infringement of a trade mark; unless the person
        is:

   (d)  a lawyer; or

   (e)  a patent attorney; or

   (f)  a person permanently employed by, and only by, that other person; or

   (g)  a person referred to in paragraph 135(1)(h) or (i) of the repealed
        Act. Penalty: 30 penalty units.

(2) An offence under this section is an offence of strict liability. Note 1:
The Reader's Guide gives information about penalties (see the paragraphs under
the subheading Crimes Act 1914). Note 2: For what is an offence of strict
liability see note 2 at the end of section 153. Note 3: For file, lawyer and
patent attorney see section 6. Note 4: Paragraphs 135(1)(h) and (i) of the
repealed Act provided as follows:

"(h) a person who, within 1 year after the commencement of this Act, has
satisfied the Registrar that, for a continuous period of 2 years immediately
before 1 January 1955, he was practising as a trade marks agent in Australia;
or

   (i)  a person who:

        (i)    within 1 year after the commencement of this Act, has satisfied
               the Registrar that, for a continuous period of 2 years
               immediately before 1 January 1955, he was employed by a
               registered patent attorney in Australia and his duties related
               solely or principally to the lodging, prosecuting and opposing
               of applications for the registration of trade marks; and

        (ii)   unless the Registrar otherwise directs, has, within 1 year
               after the commencement of this Act or within such further time
               as the Registrar allows, passed the prescribed examination.".

Subsection 135(2) of the repealed Act provided as follows:

"(2) For the purposes of paragraph (h) of the last preceding subsection, a
person shall not be deemed to have practised as a trade marks agent unless the
only or the principal business carried on by him was the business of lodging,
prosecuting and opposing, for gain, applications for the registration of trade
marks in Australia on behalf of applicants or opponents.".