About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships AI Tools & Services The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO ALERT WIPO Translate Speech-to-Text Classification Assistant Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

Australia

AU311

Back

Trade Marks Amendment Regulations 2010 (No. 1)


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 Minister for Innovation, Industry, Science and Research

0905582C-100921Z

Federal Register of Legislative Instruments F2010L02682

Regulation 1

1 Name of Regulations

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

2 Commencement

These Regulations co mmence 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 m ay 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 th e requ est f or am endment 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.

Trade Marks Amendment Regulations 2010 (No. 1) 2010, 248

Federal Register of Legislative Instruments F2010L02682

Amendment Schedule 1

8.5 Amendment because of inconsistency with international agreements — opposition proceedings

For subsection 83A (4) of th e Act, regulatio ns 5.7 to 5.17 (inclusive) apply to an o pposition to a reques t for am endment as if references to the applicant, other than in regulation 5.15, were references to the registered owner of the registered trad e mark who has requested an amendment.

Note

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

2010, 248 Trade Marks Amendment Regulations 2010 (No. 1)

Federal Register of Legislative Instruments F2010L02682