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Contents

Part I PRELIMINARY

Part II REGISTRATION OF TRADE MARKS

Division 1 — Registrability of Trade Marks

Division 2 — Application for Registration

Division 3 — Amendment of Application

Division 4 — Examination of Application for Registration

Division 5 — Publication

Division 6 — Opposition to Registration

Division 7 — Registration

Part III REGISTER

Part IV RENEWAL OF REGISTRATION OF TRADE MARK

Part V REGISTRABLE TRANSACTIONS

Part VI ALTERATION OF REGISTERED TRADE MARK

Part VII REVOCATION, INVALIDATION, RECTIFICATION AND CANCELLATION

Part VIII COLLECTIVE MARKS AND CERTIFICATION MARKS

Part IX EVIDENCE AND PROCEDURE

Part X COSTS

Part XI EXTENSION OF TIME AND REINSTATEMENT OF APPLICATIONS, RIGHTS AND THINGS

Part XIA ELECTRONIC ONLINE SYSTEM

Part XII HOURS OF BUSINESS AND EXCLUDED DAYS

Part XIII MISCELLANEOUS

Part XIV TRANSITIONAL PROVISIONS

FIRST SCHEDULE Fees

SECOND SCHEDULE Descriptions of Forms

THIRD SCHEDULE Classification of Goods and Services

FOURTH SCHEDULE Scale of Costs

Legislative History

 
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On 22/05/2013, you requested for the version in force on 22/05/2013 incorporating all amendments published on or before 22/05/2013. The closest version currently available is that of 01/01/2012.
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PART XIII
MISCELLANEOUS
General certificates by Registrar
81.
—(1)  Any person who desires to obtain a certificate referred to in section 103 of the Act in relation to any entry, matter or thing which the Registrar is authorised to make or do under the Act or these Rules may file with the Registrar Form TM 42.
(2)  Before giving the certificate, the Registrar may require the person to furnish evidence to show that he has an interest in the entry, matter or thing.
Case management conference
81A.  Notwithstanding anything in these Rules, at any stage of any application to or proceedings before the Registrar, the Registrar may direct the applicant or parties to attend a case management conference in order that the Registrar may make such order or give such direction as he thinks fit for the just, expeditious and economical disposal of the matter.
Production of documents, information or evidence
81B.  Notwithstanding anything in these Rules, at any stage of any application to or proceedings before the Registrar, the Registrar may direct the applicant or any party to produce or file, within such period as the Registrar may specify, any document, information or evidence which the Registrar may reasonably require.
Appeal
82.  The following decisions of the Registrar are subject to appeal to the Court:
(a)
a decision referred to in rule 38; and
(b)
a decision in opposition proceedings under rule 46, 56, 65 or 66A.
Irregularities
83.  Any irregularity in procedure which, in the opinion of the Registrar, is not detrimental to the interests of any person or party may be corrected on such terms as the Registrar may direct.
Address altered by public authority
84.  [Deleted by S 161/2007]
Application to Court
85.  A person who makes an application to the Court under the Act shall as soon as practicable file a copy of the application with the Registrar.
Order of Court
86.
—(1)  Where an order is made by the Court in any matter under the Act, the person or persons in whose favour the order is made shall as soon as practicable file a copy of the order with the Registrar.
(2)  If the order is to rectify or alter the register, the person in whose favour the order is made or, if there is more than one, such one of them, as the Registrar may direct, shall file with the Registrar Form TM 44.
(3)  The Registrar shall rectify or alter the register in accordance with such order.
Trade Marks Journal
86A.
—(1)  The Registrar shall publish a journal, to be called the Trade Marks Journal, which shall contain —
(a)
all matters that are required to be published in that Journal under rules 4(1), 23(1), 26(1), 47(2) and 56(3);
(b)
the practice directions issued by the Registrar under the Act or these Rules; and
(c)
such other information as the Registrar thinks fit.
(2)  The Trade Marks Journal shall be published weekly, unless the Registrar otherwise directs.