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Contents

Long Title

Part I PRELIMINARY

Part II REGISTRATION OF TRADE MARKS

Introductory

Application for registration of trade mark

Grounds for refusal of registration

Priority

Registration procedure

Series of trade marks

Duration, renewal and alteration of registered trade mark

Cancellation, revocation and invalidity

Miscellaneous

Part III RIGHTS AND REMEDIES OF PROPRIETOR OF REGISTERED TRADE MARK

Rights of proprietor of registered trade mark

Infringement proceedings

Part IV REGISTERED TRADE MARK AS OBJECT OF PROPERTY

Part V LICENSING

Part VI OFFENCES

Part VII INTERNATIONAL MATTERS

The Madrid Protocol, etc.

The Paris Convention, the TRIPS Agreement and well known trade marks: supplementary provisions

Part VIII COLLECTIVE MARKS AND CERTIFICATION MARKS

Part IX ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONS

The Registrar

The Register

Powers and duties of Registrar

Forms, fees, hours of business and publication

Trade mark agents

Part X ASSISTANCE BY BORDER AUTHORITIES

Border enforcement measures

Powers of search

Part XI MISCELLANEOUS AND GENERAL PROVISIONS

FIRST SCHEDULE Collective Marks

SECOND SCHEDULE Certification Marks

THIRD SCHEDULE Transitional Provisions

Legislative Source Key

Legislative History

Comparative Table

 
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On 19/05/2013, you requested for the version in force on 19/05/2013 incorporating all amendments published on or before 19/05/2013. The closest version currently available is that of 02/07/2007.
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The Register
The register
66.
—(1)  The Registrar shall maintain a register of trade marks.
(2)  There shall be entered in the register in accordance with this Act —
(a)
registered trade marks;
(b)
such particulars as may be prescribed of registrable transactions affecting a registered trade mark; and
(c)
such other matters relating to registered trade marks as may be prescribed.
(3)  The register may be kept in whole or in part using a computer.
(4)  Any record of a particular or other matter made by using a computer for the purpose of keeping the register is taken to be an entry in the register.
[UK Trade Marks Act 1994, s. 63; Aust. Trade Marks Act 1995, s. 208]
Rectification or correction of register
67.
—(1)  Any person having a sufficient interest may apply for the rectification of an error or omission in the register.
(2)  An application for rectification may not be made in respect of a matter affecting the validity of the registration of a trade mark.
(3)  An application for rectification may be made either to the Registrar or to the Court, except that —
(a)
if proceedings concerning the trade mark in question are pending in the Court, the application must be made to the Court; and
(b)
if in any other case the application is made to the Registrar, he may at any stage of the proceedings refer the application to the Court.
(4)  Except where the Registrar or the Court directs otherwise, the effect of rectification of the register is that the error or omission in question shall be deemed never to have been made.
(5)  The Registrar may, on request made in the prescribed manner by the proprietor of a registered trade mark, or a licensee, enter any change in his name or address as recorded in the register.
(6)  The Registrar may remove from the register matter appearing to him to have ceased to have effect.
[UK Trade Marks Act 1994, s. 64]
Inspection of and extract from register
68.
—(1)  The register shall be available at the Registry for inspection by any person during the hours when the Registry is open for business.
(2)  If the register, or any part of the register, is kept by using a computer, subsection (1) is satisfied if a person who wants to inspect the register or that part of the register is given access to a computer terminal from which he can read on a screen, or obtain a printed copy of, the particulars or other matters recorded in the register or that part of the register.
(3)  Any person who applies for a certified copy of an entry in the register or a certified extract from the register shall be entitled to obtain such a copy or extract on payment of the prescribed fee; and any person who applies for an uncertified copy or extract shall be entitled to such a copy or extract on payment of the prescribed fee.
(4)  In relation to any portion of the register kept otherwise than in documentary form, the right to a copy or extract conferred by subsection (3) is a right to a copy or extract in a form in which it can be taken away.
(5)  In this section, “certified copy” and “certified extract” mean a copy and extract certified by the Registrar and sealed with the seal of the Registrar.
[Aust. Trade Marks Act 1995, s. 209]