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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 215

Address for service
215. (1) The address for service of a person who has filed an application,
notice or request is:

   (a)  the address for service stated in the application, notice or request;
        or

   (b)  if the person subsequently notifies in writing another address to the
        Registrar-that other address. Note: For file see section 6.

(2) When:

   (a)  a trade mark is registered; or

   (b)  a claim to an interest in, or to a right in respect of, a registered
        trade mark that a person has is recorded in the Register; the
        Registrar must enter in the Register as the address for service of the
        registered owner or of the person:

   (c)  if paragraph (d) does not apply-the address given, or last given, by
        the registered owner or the person to the Registrar under subsection
        (1); or

   (d)  if, before the Registrar registers the trade mark or records the claim
        to the interest or right, the registered owner or person gives in
        writing to the Registrar another address as his or her address for
        service-that other address. Note: For registered trade mark and
        registered owner see section 6.

(3) The registered owner of a registered trade mark, or any person whose claim
to an interest in, or to a right in respect of, a trade mark is recorded in
the Register, must notify the Registrar in writing of any change in his or her
address for service and the Registrar must amend the Register accordingly.

(4) The address for service of:

   (a)  the registered owner of a registered trade mark; or

   (b)  a person whose claim to an interest in, or to a right in respect of, a
        trade mark is recorded in the Register; is the address set out from
        time to time in the Register as being the address for service of the
        registered owner or of the person.

(5) An address for service must be an address in Australia.

(6) If this Act provides that a document is to be served on, or given or sent
to, a person:

   (a)  the document may be left at, or sent by post to, the address for
        service of the person; or

   (b)  if the person does not have an address for service-the document may be
        served on an agent of the person in Australia or may be sent by post
        to any address of the person in Australia that is known to the
        Registrar.

(7) Subsection (6) does not affect the operation of section 28A of the Acts
Interpretation Act 1901. Note: Section 28A of the Acts Interpretation Act 1901
provides that a document may be served (this term includes given, or sent,
to):

"(a) on a natural person:

        (i)    by delivering it to the person personally; or

        (ii)   by leaving it at, or by sending it by pre-paid post to, the
               address of the place of residence or business of the person
               last known to the person serving the document; or

   (b)  on a body corporate-by leaving it at, or sending it by pre-paid post
        to, the head office, a registered office or a principal office of the
        body corporate.". 


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