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1995 No. 341*1* TRADE MARKS REGULATIONS - Dated 30 October 1995. - List of Regulations
Regulation
1995 No. 341 TRADE MARKS REGULATIONS - TABLE OF PROVISIONS
1995 No. 341 TRADE MARKS REGULATIONS - PART 1
PART 1-PRELIMINARY
1.1.
Citation
1.2.
Commencement
1995 No. 341 TRADE MARKS REGULATIONS - PART 2
PART 2-INTERPRETATION
2.1.
Interpretation
1995 No. 341 TRADE MARKS REGULATIONS - PART 3
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
1995 No. 341 TRADE MARKS REGULATIONS - PART 4
PART 4-APPLICATION FOR REGISTRATION
4.1.
Applications-approved form
4.2.
Applications-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
4.16.
Divisional applications relating to part of trade mark-period for application
4.17.
Divisional applications relating to excluded goods and/or services-prescribed periods
4.18.
Request for expedited examination of application
4.19.
Expedited examinations
1995 No. 341 TRADE MARKS REGULATIONS - PART 5
PART 5-OPPOSITION TO REGISTRATION
5.1.
Time for filing notice of opposition
5.2.
Extension of time for filing-grounds
5.3.
Extension of time for filing-applications
5.4.
Extension of time for filing-grant of extension
5.5.
Copy of earlier application to be available to opponent
5.6.
Opposition proceedings
5.7.
Evidence in support
5.8.
Notice that opponent will not rely on evidence in support
5.9.
Evidence in answer
5.10.
Period for service of a copy of the evidence in answer
5.11.
Notice that applicants will not rely on evidence in answer
5.12.
Evidence in reply to evidence in answer
5.13.
Notice that opponents will not rely on evidence in reply to evidence in answer
5.14.
Hearing of opposition
5.15.
Extension of period to serve evidence and service of further evidence
5.16.
Conduct of opposition proceedings generally
5.17.
Registrar to give notice of dismissal of proceedings
1995 No. 341 TRADE MARKS REGULATIONS - PART 6
PART 6-AMENDMENT OF APPLICATION FOR REGISTRATION OF A
TRADE MARK AND OTHER DOCUMENTS
6.1.
Amendment of applications by Registrar
6.2.
Request to amend before publication of details
6.3.
Filing of declarations
6.4.
Notification of amendments
1995 No. 341 TRADE MARKS REGULATIONS - PART 7
PART 7-REGISTRATION OF TRADE MARKS
7.1.
Period in which a trade mark can be registered
7.2.
Particulars to be entered in the Register
7.3.
Period for request for renewal
7.4.
Notice of renewal due-when and how given
7.5.
Notice of renewal
1995 No. 341 TRADE MARKS REGULATIONS - PART 8
PART 8-AMENDMENT AND CANCELLATION OF REGISTRATION
8.1.
Notice of cancellation
8.2.
Amendment or cancellation-matters for the court
1995 No. 341 TRADE MARKS REGULATIONS - PART 9
PART 9-REMOVAL OF TRADE MARK FROM REGISTER FOR NON-USE
9.1.
Applications for removal etc.
9.2.
Notification of applications
9.3.
Notice of opposition to removal
9.4.
Opposition proceedings before the Registrar
1995 No. 341 TRADE MARKS REGULATIONS - PART 10
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
1995 No. 341 TRADE MARKS REGULATIONS - PART 11
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
1995 No. 341 TRADE MARKS REGULATIONS - PART 13
PART 13-IMPORTATION OF GOODS INFRINGING AUSTRALIAN TRADE MARKS
13.1.
Notice of objection to importation-accompanying documents
13.2.
Notice of objection to importation-authorised users
13.3.
Period for compliance with Comptroller's request for information etc.
13.4.
Modification of the Act in its application to Norfolk Island
13.5.
Modification of the Act in its application to Christmas Island
13.6.
Modification of the Act in its application to Cocos (Keeling) Islands
1995 No. 341 TRADE MARKS REGULATIONS - PART 16
PART 16-CERTIFICATION TRADE MARKS
16.1.
Copy of rules to be filed
16.2.
Documents sent to Commission with applications for registration
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.
Matters to be included in notices of variation
16.11.
Assignment of registered certification trade marks
1995 No. 341 TRADE MARKS REGULATIONS - PART 17
PART 17-DEFENSIVE TRADE MARKS
17.1.
Evidence in support of applications
1995 No. 341 TRADE MARKS REGULATIONS - PART 19
PART 19-ADMINISTRATION
19.1.
Trade Marks Office and sub-offices-business hours
19.2.
Delegates of the Registrar
1995 No. 341 TRADE MARKS REGULATIONS - PART 21
PART 21-MISCELLANEOUS
1995 No. 341 TRADE MARKS REGULATIONS - DIVISION 1
Division 1-Applications and other documents
21.1.
Compliance with instructions on approved forms
21.2.
Filing of documents-requirements as to form
21.3.
Filing of documents-common requirements
21.4.
Filing of documents-treatment of non-complying documents
21.5.
Filing of documents-date of receipt to be marked
21.6.
Declarations
21.7.
Declarations-additional material
21.8.
Notification of service
21.9.
Notice of withdrawal of applications etc.
21.10.
Withdrawal of application etc.-Registrar's notice to applicants
21.11.
Change of address for service-notice to interested persons
1995 No. 341 TRADE MARKS REGULATIONS - DIVISION 2
Division 2-Proceedings before the Registrar
21.12.
Applications for costs
21.13.
Determination of costs
21.14.
Conduct of proceedings generally
21.15.
Hearings by Registrar
21.16.
Registrar not required to hold hearings
21.17.
Evidence in proceedings
21.18.
Documents not in English
21.19.
Registrar may use information available
21.20.
Statements of reasons for decision
1995 No. 341 TRADE MARKS REGULATIONS - DIVISION 3
Division 3-General
21.21.
What fees are payable
21.22.
How fees are to be paid
21.23.
Notice of non-payment of fee
21.24.
Refunds etc. of fees
21.25.
Extension of time-application
21.26.
Extension of time-notice of opposition
21.27.
Extension of time-opposition proceedings
21.28.
Extension of time-prescribed acts and documents
21.29.
Convention countries
21.30.
Rights of patent attorneys
21.31.
Incapacity of certain persons
21.32.
Destruction of documents
21.33.
Directions not otherwise prescribed
21.34.
Requirements cannot be complied with for reasonable cause
1995 No. 341 TRADE MARKS REGULATIONS - PART 22
PART 22-TRANSITIONAL PROVISIONS
22.1.
Application of the Act
22.2.
Fees payable in relation to certain matters
22.3.
Certain delegations continue
22.4.
Certain deferments continue
22.5.
Certain extensions of time continue
1995 No. 341 TRADE MARKS REGULATIONS - SCHEDULE 1
1995 No. 341 TRADE MARKS REGULATIONS - SCHEDULE 2
1995 No. 341 TRADE MARKS REGULATIONS - SCHEDULE 3
1995 No. 341 TRADE MARKS REGULATIONS - SCHEDULE 4
1995 No. 341 TRADE MARKS REGULATIONS - SCHEDULE 5
1995 No. 341 TRADE MARKS REGULATIONS - SCHEDULE 6
1995 No. 341 TRADE MARKS REGULATIONS - SCHEDULE 7
1995 No. 341 TRADE MARKS REGULATIONS - SCHEDULE 8
1995 No. 341 TRADE MARKS REGULATIONS - SCHEDULE 9
1995 No. 341 TRADE MARKS REGULATIONS - SCHEDULE 10
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