Trade Marks Amendment Regulations 2006 (No. 1) (Cth)

Trade Marks Amendment Regulations 2006 (No. 1)¹

Select Legislative Instrument 2006 No. 356

I, PHILIP MICHAEL JEFFERY, 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 13 December 2006

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

IAN MACFARLANE

Minister for Industry, Tourism and Resources

Name of Regulations

These Regulations are the Trade Marks Amendment Regulations 2006 (No. 1).

Commencement

These Regulations commence as follows:

(a)on the day after they are registered — regulations 1 to 4 and Schedule 1;

(b)on 1 January 2007 — regulations 5 and 6 and Schedule 2.

Schedule 1

Schedule 1 amends the Trade Marks Regulations 1995.

Schedule 1 – transitional

(1)The amendments made by items [1] and [2] of Schedule 1 apply to:

(a) IRDAs with a date of effect under regulation 17A.4 of the Trade Marks Regulations 1995 after the commencement of these Regulations; and

(b)IRDAs that have not been accepted or rejected under regulation 17A.24 of the Trade Marks Regulations 1995 at the commencement of these Regulations.

(2)In this regulation:

IRDA has the meaning given by regulation 17A.2 of the Trade Marks Regulations 1995.

Schedule 2

Schedule 2 amends the Trade Marks Regulations 1995.

Schedule 2 – transitional

The amendments made by Schedule 2 do not apply to an application filed or a trade mark registered before 1 January 2007.

Schedule 1 Amendments commencing on registration

(regulation 3)

[1] Subregulation 17A.31 (2)

after

61

insert

and section 62A

[2] Subregulation 17A.31 (3)

after

61

insert

and section 62A

[3] Paragraph 17A.45 (2) (b)

substitute

(b)because of circumstances applying when the application under this regulation is filed, the use of the trade mark is likely to deceive or cause confusion;

(c)for a certification trade mark — the ground in section 177 of the Act as applied by regulation 17A.50;

[4] Subregulation 17A.48 (1)

substitute

(1)Subject to subregulation (2), a person may apply to the Registrar for a trade mark that is, or may become, a protected international trade mark to cease to be protected.

[5] Subregulation 17A.48 (2)

omit

aggrieved

Schedule 2 Amendments commencing on 1 January 2007

(regulation 5)

[1] Schedule 1, Part 1, item 21

omit

containers (not of precious metal or coated therewith);

insert

containers;

[2] Schedule 1, Part 2, item 42

omit

software; legal services

insert

software

[3] Schedule 1, Part 2, item 45

substitute

45 Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See