Federal Register of Legislation - Australian Government

Primary content

Trade Marks Amendment Regulations 2010 (No. 1)

Authoritative Version
  • - F2010L02682
  • No longer in force
SLI 2010 No. 248 Regulations as made
These Regulations amend the Trade Marks Regulations 1995 to enable members of the public to oppose such amendments on the grounds that the amended trade mark would be too similar to their own trade mark.
Administered by: Innovation, Industry, Science and Research
Registered 15 Oct 2010
Tabling HistoryDate
Tabled HR19-Oct-2010
Tabled Senate25-Oct-2010
Date of repeal 09 Aug 2013
Repealed by Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013

Trade Marks Amendment Regulations 2010 (No. 1)1

Select Legislative Instrument 2010 No. 248

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Trade Marks Act 1995.

Dated 14 October 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

KIM CARR


1              Name of Regulations

                These Regulations are the Trade Marks Amendment Regulations 2010 (No. 1).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Trade Marks Regulations 1995

                Schedule 1 amends the Trade Marks Regulations 1995.


Schedule 1        Amendment

(regulation 3)

 

[1]           After regulation 8.3

insert

8.4           Amendment because of inconsistency with international agreements — notice of opposition

         (1)   For subsection 83A (4) of the Act, a person may oppose a request for amendment by filing a notice of opposition with the Registrar.

         (2)   A notice of opposition must be:

                (a)    in an approved form; and

               (b)    filed within 1 month after the request for amendment is advertised in the Official Journal.

         (3)   The opponent must serve a copy of the notice on the registered owner of the registered trade mark.

8.5           Amendment because of inconsistency with international agreements — opposition proceedings

                For subsection 83A (4) of the Act, regulations 5.7 to 5.17 (inclusive) apply to an opposition to a request for amendment as if references to the applicant, other than in regulation 5.15, were references to the registered owner of the registered trade mark who has requested an amendment.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.