Trade Marks Act 1995 (Cth)
Purpose of this Act
This Act provides for the registration of trade marks, collective trade marks, certification trade marks and defensive trade marks (for a definition of these terms, see sections 17, 162, 169 and 185 respectively) and sets out and protects the rights deriving from registration.
It is a rewrite of the legislation relating to trade marks, certification trade marks and defensive trade marks. The previous Act did not deal with collective trade marks.
In rewriting the legislation, some changes have been made to reflect international trends towards greater uniformity in that field of law. In particular, this Act conforms with the minimum standards and principles prescribed for trade marks in the Agreement Establishing the World Trade Organization.
An attempt has also been made to simplify the language as much as possible to make it easier for readers to understand the law. For that reason, a number of terms used in the old legislation have been replaced by simpler ones. For example, the word “owner” has been used where the previous Act referred to the proprietor of a trade mark. No difference in meaning is intended when simpler terms have thus been used.
Part 1: Deals with formal matters such as the commencement of this Act and its general application.
Part 2: Contains definitions and terms that are used frequently throughout this Act.
Part 3: Explains what is a trade mark and sets out the rights given by this Act to the registered owner and any authorised user of a registered trade mark.
Parts 4 and 5: Deal with the steps that you have to take to have a trade mark registered.
Part 6: Sets out how and why an application for registration and other documents may be amended.
Parts 7, 8 and 9: Deal with the registration of trade marks and how and why particulars of the registration of a trade mark may be amended, cancelled or removed from the Register.
Parts 10 and 11: Deal with the assignment of trade marks, the registration of assignments of registered trade marks and the recording of the rights and interests that persons (other than registered owners) may have in registered trade marks or trade marks whose registration is being sought.
Parts 12, 13 and 14: Deal with the protection of trade marks. Part 12 sets out what constitutes an infringement of a trade mark and how to obtain redress and relief in cases of infringement. Part 13 provides for a special regime to deal with any importation of goods that would infringe a registered trade mark. Part 14 makes certain types of conduct offences against this Act.
Parts 15, 16 and 17: Explain what are collective trade marks, certification trade marks and defensive trade marks and apply to them, with necessary alterations, the provisions of this Act relating to trade marks.
Part 17A: Enables the making of regulations to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the Madrid Protocol. Those regulations prevail over this Act to the extent of any inconsistency.
Part 18: Deals with the jurisdiction of the courts to hear and determine matters arising under this Act.
Parts 19 and 20: Deal with the Trade Marks Office, the officials responsible for its administration and the keeping of the Register of Trade Marks.
Part 21: Deals with miscellaneous matters such as the payment of fees, the service of documents and the making of regulations.
Part 22: Repeals the Trade Marks Act 1955 and explains how matters that were being dealt with under that Act at the time of its repeal are to be dealt with when this Act is in force.
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