A Bill for an Act to amend the Trade Marks Act 1995, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Trade Marks Amendment (Iconic Symbols of National Identity) Act 2015.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Trade Marks Act 1995
1 After subsection 39(1)
Insert:
(1A) An application for the registration of a trade mark must be rejected if the trade mark consists of a sign that is of national significance, or iconic value, to the people of Australia.
2 Subparagraph 39(2)(b)(ii)
After “(1)”, insert “or (1A)”.
3 After section 84A
Insert:
84AA Registration must be revoked—trade mark consisting of sign of national significance or iconic value
Requirement to revoke
(1) The Registrar must (subject to subsections (2) and (3)) revoke the registration of a trade mark if the trade mark consists of a sign that is of national significance, or iconic value, to the people of Australia.
Prerequisites to revocation decision
(2) The Registrar may revoke the registration of the trade mark only if the Registrar gives notice of the proposed revocation to each of the following persons in accordance with the regulations:
(a) the registered owner of the trade mark;
(b) any person recorded under Part 11 as claiming a right in respect of, or an interest in, the trade mark.
Note: For registered owner see section 6.
(3) The Registrar must not revoke the registration of the trade mark without giving each of the following persons the opportunity to be heard:
(a) the registered owner of the trade mark;
(b) any person recorded under Part 11 as claiming a right in respect of, or an interest in, the trade mark.
Note: For registered owner see section 6.
4 Subsection 84C(1)
After “84A”, insert “, 84AA”.
5 Section 84D
After “84A”, insert “or 84AA”.
6 Application of amendments
(1) Section 39 of the Trade Marks Act 1995, as in force at the commencement of this Schedule, applies in relation to an application for the registration of a trade mark that is determined on or after that commencement, whether the application is made before, at or after that commencement.
(2) Section 84AA of the Trade Marks Act 1995, as in force at the commencement of this Schedule, applies in relation to a trade mark whether it is registered before, at or after that commencement.