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Superseded version

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View as made version

F2020C00950 C46

01 October 2020 - 19 March 2024

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
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
- 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
- 8.2 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 practice and procedure
- 8.6 Amendment because of inconsistency with international agreements—hearing
- 8.7 Amendment because of inconsistency with international agreements—opposition directions
- 8.8 Amendment because of inconsistency with international agreements—notification of dismissal or discontinuance of opposition
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 Notification 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 request of Comptroller-General of Customs 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—Application, saving and transitional provisions
- Division 1—General
- Division 2—Amendments made by particular instruments
- Division 3—Transitional provisions for Schedule 4 to the Intellectual Property Laws Amendment Act 2015 and Schedule 2 to the Intellectual Property Legislation Amendment (Single Economic Market and Other Measures) Regulation 2016
- Division 4—Amendments made by the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Regulations 2018
- Division 5—Amendments made by the Intellectual Property Laws Amendment (Fee Amounts and Other Measures) Regulations 2020
  - 22.25 Amendments made by the Intellectual Property Laws Amendment (Fee Amounts and Other Measures) Regulations 2020
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)
Schedule 4—Modifications of Part 13 of the Act (Christmas Island)
Schedule 5—Modifications of Part 13 of the Act (Cocos (Keeling) Islands)
Schedule 6—Offices of persons to whom registrar may delegate
Schedule 8—Costs, expenses and allowances
- Part 1—Costs
- Part 2—Expenses and allowances
  - Division 1—Expenses
  - Division 2—Allowances
Schedule 9—Fees
- 1 Table of fees
- Endnotes

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Trade Marks Regulations 1995