Trade Marks Regulations 1995

In force

Administered by

Department of Industry, Science and Resources

This item is authorised by the following title:

Trade Marks Act 1995

Superseded version

View latest version

View as made version

F2015C00520 C37

20 June 2015 - 30 June 2015

This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003

Table of contents

Part 1—Preliminary
- 1.1 Name of regulations
- 1.2 Commencement
Part 2—Interpretation
- 2.1 Interpretation
- 2.2 Period expressed in months
- 2.3 Giving of documents by Registrar
Part 3—Trade marks and trade mark rights
- 3.1 Classification of goods and services
- 3.2 Period in which action for infringement may be brought
Part 3A—Assisted filing service
- Division 1—General
  - 3A.1 Purpose of Part
  - 3A.2 Definitions for Part
- Division 2—Request for filing assistance
Part 4—Application for registration
- 4.1 Applications—approved form
- 4.2 Application in approved form—requirements for filing
- 4.2AA Divisional application—additional requirement for filing
- 4.2A AFS request submitted as application—requirements for filing
- 4.3 Representation of trade marks
- 4.4 Specification of goods and/or services
- 4.5 Period for claiming priority for an application
- 4.6 How to claim priority
- 4.7 Publication of particulars of application
- 4.8 Examination of application—report to applicant
- 4.9 Examination—applicant’s response to report
- 4.10 Examination—further report to applicant
- 4.11 Examination—additional requirements
- 4.12 Periods after which applications lapse
- 4.13 Deferment of acceptance
- 4.14 Period for which acceptance is deferred
- 4.15 Trade marks containing etc certain signs
- 4.15A Grounds for rejection—trade mark identical etc to trade mark protected under Madrid Protocol
- 4.18 Request for expedited examination of application
- 4.19 Expedited examinations
Part 5—Opposition to registration
- Division 1—Preliminary
- Division 2—Filing of opposition documents
- Division 3—Cooling-off period for opposition
  - 5.16 Registrar may allow cooling-off period
- Division 4—Hearing of opposition
  - 5.17 Hearing
- Division 5—Miscellaneous
Part 6—Amendment of application for registration of a trade mark and other documents
- Division 1—Amendment of application for registration of trade mark and other documents
- Division 2—Opposition to amendment after particulars published
Part 7—Registration of trade marks
- Division 1—Initial registration
  - 7.1 Period in which a trade mark can be registered
  - 7.2 Particulars to be entered in the Register
- Division 2—Renewal of registration (general)
- Division 3—Renewal of registration (registration delayed for 10 or more years after filing date)
Part 8—Amendment and cancellation of registration
- 8.1 Notice of cancellation
- 8.1A Notice of revocation
- 8.2 Amendment or cancellation—matters for the court
- 8.3 Grounds for application for rectification of Register—registered trade mark identical etc to trade mark protected under Madrid Protocol
- 8.4 Amendment because of inconsistency with international agreements—notice of opposition
- 8.5 Amendment because of inconsistency with international agreements—opposition proceedings
Part 9—Removal of trade mark from Register for non-use
- Division 1—Preliminary
- Division 2—Application for removal
  - 9.5 Application for removal
  - 9.6 Notification of application
- Division 3—Filing of opposition documents
- Division 4—Cooling-off period for opposition
  - 9.19 Registrar may allow cooling-off period
- Division 5—Hearing of opposition
  - 9.20 Hearing
- Division 6—Miscellaneous
Part 10—Assignment and transmission of trade marks
- 10.1 Applications for assignment etc to be recorded or entered
- 10.2 Recording of assignment etc—trade marks not registered
- 10.3 Particulars of recorded assignment or transmission to be published
- 10.4 Recording of assignment etc of registered trade marks
- 10.5 Notice to persons recorded as claiming right or interest in trade marks
Part 11—Voluntary recording of claims to interests in and rights in respect of trade marks
- 11.1 Amendment of particulars—claimed interests or rights
- 11.2 Amendment of name, address and address for service—claims not in the Register
- 11.3 Cancellation of particulars—claimed interests or rights
Part 13—Importation of goods infringing Australian trade marks
- 13.1A Definition
- 13.1 Action period
- 13.2 Claim period
- 13.3 Notice of objection to importationprescribed document
- 13.4 Notice of objection to importation—authorised users
- 13.5 Claim for release of seized goods
- 13.6 Period for compliance with Customs CEO’s request for information etc
- 13.7 Modification of the Act in its application to Norfolk Island
- 13.8 Modification of the Act in its application to Christmas Island
- 13.9 Modification of the Act in its application to Cocos (Keeling) Islands
Part 16—Certification trade marks
- 16.1 Copy of rules to be filed
- 16.2 Documents to be sent to Commission
- 16.3 Initial assessment of applications by Commission
- 16.4 Holding of conferences
- 16.5 Consideration of applications
- 16.6 Criteria for Commission consideration of rules
- 16.7 Matters to be included in advertisement of adverse decision
- 16.8 Applications to vary rules
- 16.9 Consideration of applications to vary rules
- 16.10 Decision on variation of rules
- 16.10A Assignment of unregistered certification trade marks
- 16.11 Assignment of registered certification trade marks
- 16.12 Publication of rules
Part 17—Defensive trade marks
- 17.1 Evidence in support of applications
- 17.2 Defensive trade mark based on protected international trade mark
Part 17A—Protected international trade marks under the Madrid Protocol
- Division 1—General
- Division 2—Application for international registration of a trade mark
- Division 3—International registration designating Australia
- Division 4—Protected international trade marks—rights and protection
  - 17A.39 Rights given to, and protection of, protected international trade marks
  - 17A.40 Circumstances in which action may not be brought
- Division 5—Protected international trade marks—amendment or cessation of protection
- Division 6—Collective and certification trade marks
  - 17A.49 Collective trade marks
  - 17A.50 Certification trade marks
- Division 7—Transformation of cancelled international registrations
- Division 8—Concurrence between registration and international registration
  - 17A.54 Effect of registration and protection of the same trade mark
  - 17A.55 Effect of cancellation, removal or expiry of registered trade mark
- Division 9—Change in ownership of international registration
- Division 10—Recording of claimed interests and rights
- Division 11—Miscellaneous
Part 19—Administration
- 19.1 Trade Marks Office and sub-offices—business hours
- 19.2 Persons to whom Registrar may delegate (Act, s 206(1))
Part 20—Registered trade marks attorneys
- Division 1—General
  - 20.1A Application of Part
  - 20.1 Interpretation
- Division 2—Obtaining registration for first time
- Division 3—Accreditation of courses of study
  - 20.12 Accreditation of courses of study
- Division 4—Board examinations
  - 20.13 Board examinations
- Division 5—Maintaining registration and removing and restoring name to Register of Trade Marks Attorneys
  - 20.14 Maintaining registration and removing and restoring name to Register of Trade Marks Attorneys
- Division 5A—Suspension of registration
  - 20.14A Requirement to notify of serious offence
  - 20.14B Suspension from Register—serious offence
- Division 6—Discipline
  - 20.15 Discipline
- Division 7—Rights of registered trade marks attorneys
  - 20.16 Lien
Part 20A—Incorporated trade marks attorneys
- Division 1—General
  - 20A.1 Application of Part 20A
  - 20A.2 Definitions
- Division 2—Obtaining registration for first time
  - 20A.3 Form of application
  - 20A.4 Certificate of registration
- Division 3—Maintaining registration
  - 20A.5 Requirements for remaining on Register of Trade Marks Attorneys
- Division 4—Removal from Register of Trade Marks Attorneys
- Division 5—Discipline
  - Subdivision A—General
    - 20A.9 Definitions
    - 20A.10 Board may apply for cancellation or suspension of incorporated trade marks attorney’s registration
  - Subdivision B—Proceedings in Disciplinary Tribunal
- Division 6—Returning to Register of Trade Marks Attorneys
  - 20A.22 Restoring name to Register of Trade Marks Attorneys
Part 21—Miscellaneous
- Division 1—Applications and other documents
- Division 2—Proceedings before the Registrar
- Division 2A—Extensions of time
- Division 3—General
Part 22—Transitional provisions
- Division 1—General
- Division 2—Amendments made by particular instruments
  - 22.9 Amendments made by the Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 (No. 1)
Schedule 1—Classification of goods and services
- Part 1—Classes of goods
- Part 2—Classes of services
Schedule 2—Signs that may not be registered as trade marks
Schedule 3—Modifications of Part 13 of the Act (Norfolk Island)
- 131A Definitions
Schedule 4—Modifications of Part 13 of the Act (Christmas Island)
- 131A Definitions
Schedule 5—Modifications of Part 13 of the Act (Cocos (Keeling) Islands)
- 131A Definitions
Schedule 6—Offices of persons to whom registrar may delegate
Schedule 7—Requirements for documents
Schedule 8—Costs, expenses and allowances
- Part 1—Costs
- Part 2—Expenses and allowances
  - Division 1 Expenses
  - Division 2 Allowances
Schedule 9—Fees
- Endnotes

Trade Marks Regulations 1995 Citation change

Legislation text

Trade Marks Regulations 1995