Commonwealth Numbered Acts

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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 163

Application of Act
163. (1) Subject to this Part, the provisions of this Act relating to trade
marks (other than Part 10-Assignment and Transmission of Trade Marks) apply to
collective trade marks and so apply as if:

   (a)  a reference to a trade mark included a reference to a collective trade
        mark; and

   (b)  a reference to a person doing something for the registration of a
        trade mark included a reference to an association doing that thing for
        the registration of the collective trade mark; and

   (c)  a reference to a trade mark registered by a person included a
        reference to a collective trade mark registered by an association.

(2) For the purposes of this Act:

   (a)  the use of a collective trade mark by a member of the association that
        is the applicant for the registration of the collective trade mark is
        taken to be a use of the collective trade mark by the applicant; and

   (b)  the use of a registered collective trade mark by a member of the
        association that is the registered owner of the collective trade mark
        is taken to be a use of the collective trade mark by the registered
        owner.

(3) Section 41 (trade mark not distinguishing applicant's goods or services)
applies in relation to a collective trade mark as if a reference to the
applicant were a reference to the members of the association that applied for
registration of the collective trade mark. 


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