Australia

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