Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 212

212. An application, notice or request required or permitted under this Act to
be made or signed by a person may be made or signed, on behalf of that person,
by:

   (a)  a lawyer; or

   (b)  a patent attorney; or

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

   (d)  a person referred to in paragraph 135(1)(h) or (i) of the repealed
        Act. Note 1: For lawyer and patent attorney see section 6. Note 2:
        Paragraphs 135(1)(h) and (i) of the repealed Act provided as follows: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Subsection 135(2) of the repealed Act provided as follows: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.".