Trade Marks Regulations 1995 (Cth)

Trade Marks Regulations 1995

Statutory Rules No. 341, 1995

made under the

Trade Marks Act 1995

Compilation No. 51

Compilation date: 14 October 2024

Includes amendments: F2024L01299

About this compilation

This compilation

This is a compilation of the Trade Marks Regulations 1995 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1Preliminary 1.1Name of regulations

These Regulations are the Trade Marks Regulations 1995.

Part 2Interpretation 2.1Interpretation

Note: A number of expressions used in these Regulations are defined in the Act, including Commission.
In these Regulations, unless the contrary intention appears:
accredited course of study means a course of study that is accredited by the Board under regulation 20.2A of the Patents Regulations 1991.
Act means the Trade Marks Act 1995.
AFS request has the meaning given by subregulation 3A.3(1).
ART means the Administrative Review Tribunal.
certificate of verification means a statement:
(a)
that a document to which the statement relates:
(i)
has been translated by a person who is proficient in both the language from which the document has been translated into English and English; and
(ii)
is a true and complete translation of the accompanying document to the best of the knowledge of the person who signs the statement; and
(b)
that is dated and signed.
Code of Conduct means the standard of practice titled “Code of Conduct for Patent and Trade Mark Attorneys” that is established by the Board from time to time.
Designated Manager has the same meaning as in the Patents Act 1990.
Disciplinary Tribunal means the Trans‑Tasman IP Attorneys Disciplinary Tribunal established by regulation 20.61 of the Patents Regulations 1991.
earlier application, in relation to an application for the registration of a trade mark for which a right of priority is claimed, means an application for the registration of that trade mark in a Convention country:
(a)
that was filed, at the trade marks office (or its equivalent) of that Convention country, before the application for which the right of priority is claimed; and
(b)
on which the claim for the right of priority is based.
expedited dispatch means a means of supplying documents that can reasonably be expected usually to be faster than ordinary post.
information system has the same meaning as in the Electronic Transactions Act 1999.
International Register has the meaning given by regulation 17A.2.
international registration has the meaning given by regulation 17A.2.
IRDA has the meaning given by regulation 17A.2.
Madrid Protocol means the Protocol Relating to the Madrid Agreement concerning the International Registration of Marks, as signed at Madrid on 28 June 1989.
Madrid Regulations has the meaning given by regulation 17A.2.
month, for a period with a length expressed in months, has the meaning given by regulation 2.2.
official goods and services pick list: goods or services are specified, in an application to register a trade mark in respect of the goods or services, by using the official goods and services pick list if:
(a)
the application is filed by means of a digital information system that is:
(i)
made available by IP Australia; and
(ii)
a preferred means of filing the application; and
(b)
the applicant specifies the goods or services in the application by selecting the goods or services from a pre‑populated list of goods or services that is made available by the digital information system for that purpose.
Panel Chair, in relation to a Panel of the Disciplinary Tribunal, means:
(a)
the President; or
(b)
if the President is unable to perform his or her functions in relation to proceedings of the Panel because of a conflict of interest—the person appointed under subregulation 20.64(2) of the Patents Regulations 1991 to be the Panel Chair for the proceedings.
Panel of the Disciplinary Tribunal means a Panel constituted under regulation 20A.11.
President means the President of the Disciplinary Tribunal.
priority date, for a trade mark that is the subject of an IRDA or a protected international trade mark, has the meaning given by regulation 17A.3.
protected international trade mark has the meaning given by regulation 17A.2.
Record of International Registrations has the meaning given by regulation 17A.2.
Register of Trade Marks Attorneys means the register mentioned in section 228A of the Act.
requester has the meaning given by subregulation 3A.3(1).

2.2Period expressed in months

In these Regulations, a period expressed in months and dating from an event, ends:
(a)
on the day, in the relevant subsequent month, which has the same number as the day of the event; or
(b)
if the relevant subsequent month has no day with the same number—on the last day of the month.
Note: This provision expresses a contrary intention to section 2G and subsection 36(1) of the Acts Interpretation Act 1901, and is in accordance with the Madrid Protocol. The difference between the two occurs when the initiating event is on the last day of a calendar month, which has fewer days than the month in which the period ends. For example, a period of 3 months from an event on 30 September ends on 30 December under this rule; it would end on 31 December under the Acts Interpretation Act 1901 provisions.

2.3Giving of documents by Registrar

(1)
In these Regulations, the Registrar may give a document to a person by:
(a)
making the document available to the person in an electronic form; and
(b)
notifying the person that the document is available.
(2)
If the Registrar gives a document to a person, the document is taken to have been given to the person on the day the document is dated by the Registrar.

Part 3Trade marks and trade mark rights 3.1Classification of goods and services

(1)
For the purposes of subsection 19(3) of the Act (which deals with the classification of goods and services):
(a)
goods are divided into the classes of goods described in column 2 of Part 1 of Schedule 1; and
(b)
services are divided into the classes of services described in column 2 of Part 2 of Schedule 1.
(2)
Each class of goods or services described in Schedule 1 has:
(a)
a class number corresponding to the item number of that class in column 1 of Part 1 or 2 of Schedule 1; and
(b)
a class heading corresponding to the description of that class in column 2 of Part 1 or 2 of Schedule 1.

3.2Period in which action for infringement may be brought

For the purposes of paragraph 26(1)(b) of the Act (which deals with powers of the authorised user of a trade mark), the prescribed period is 2 months from the day on which the authorised user of a trade mark asks the registered owner of the trade mark to bring an action for infringement of the trade mark.

Part 3AAssisted filing serviceDivision 1General3A.1Purpose of Part

This Part provides for an assisted filing service to enable a person proposing to make an application under Part 4 of the Act to request:
(a)
a preliminary assessment from the Registrar concerning the likelihood of the application for the proposed trade mark being successful under Part 4 of the Act; and
(b)
information concerning the requirements for registration under Part 4 of the Act.

Division 2Request for filing assistance3A.3Request for filing assistance – form of request

(1)
A person proposing to submit an application under Part 4 of the Act (a requester) may submit a request for filing assistance (an AFS request) under this Part.
(2)
An AFS request must:
(a)
be supported by such material and attachments as required by the Registrar having regard to the requirements of Part 4 of the Act in relation to an application for registration; and
(b)
be accompanied by the fee prescribed for the AFS request.
(3)
An AFS request:
(a)
must be submitted in a manner required by the Registrar; and
(b)
must contain the name of the requester; and
(c)
must contain contact details that includes the business or residential address and a telephone number for the requester, and:
(i)
the fax number of the requester; or
(ii)
the email address of the requester; and
(d)
must include a representation of the trade mark that is sufficient to identify the trade mark; and
(e)
must specify the goods and/or services in relation to which the request is made; and
(f)
must not relate to a matter published by the Registrar on the IP Australia website to be a matter for which an AFS request is not available; and
(g)
if the AFS request relates to a matter for which the Registrar has published conditions on the IP Australia website—must comply with the conditions.
(4)
If the fee mentioned in paragraph (2)(b) remains unpaid 5 working days after an AFS request is submitted, the AFS request is incomplete and is taken not to have been submitted.
(5)
A requester may amend an AFS request before it is assessed by the Registrar by advising the Registrar of the details of the amendments and providing:
(a)
any material to be added to the AFS request; and
(b)
any other document required by the Registrar in relation to the amendment; and
(c)
any fee prescribed in relation to the amendment.
(6)
For the fee prescribed for an amendment mentioned in paragraph (5)(c), the Registrar may:
(a)
decide to waive the fee; or
(b)
decide not to waive the fee, and require that payment of the fee be made within the period of 5 working days after that decision.
(7)
The Registrar must amend the AFS request on receipt of an amendment:
(a)
that complies with subregulation (5); and
(b)
in respect of which the fee, if any, has been paid.

3A.4AFS request – assessment by Registrar

(1)
After receiving an AFS request the Registrar must, as soon as practicable, assess the AFS request having regard to the requirements of Part 4 of the Act and form an opinion whether or not:
(a)
the AFS request would, if submitted in that form as an application for registration under Part 4 of the Act, be in accordance with that Part; and
(b)
there would be grounds under Division 2 of Part 4 of the Act for rejecting the AFS request.
(2)
After forming an opinion the Registrar must, as soon as practicable, inform the requester of:
(a)
the opinion; and
(b)
the procedural requirements of regulation 3A.5 for making an amendment to the AFS request; and
(c)
the procedural requirements for making an application for the registration of a trade mark under Part 4 of the Act.
(3)
The Registrar may inform the requester:
(a)
in writing, by mail, fax or email; or
(b)
by telephone; or
(c)
in person.

3A.5AFS request – formal requirements for amendment or proceeding to Part 4 application

(1)
The requester may, within 5 working days after being informed by the Registrar under subregulation 3A.4(2), or within an extended period as decided by the Registrar under regulation 3A.7:
(a)
amend the AFS request under subregulation 3A.5(2); or
(b)
submit the AFS request as an application for registration of a trade mark under Part 4 of the Act by payment of the fee prescribed by item 35 of the table in subclause 1(1) of Schedule 9.
(2)
If the requester advises the Registrar under paragraph (1)(a) that the AFS request is to be amended:
(a)
for the purpose of adding one or more classes of goods or services to the AFS request; or
(b)
to significantly change the graphical representation of the trade mark;
the advice must include:
(c)
details of the goods and/or services or the graphical representation; and
(d)
any material to be attached to the AFS request; and
(e)
any other document required by the Registrar; and
(f)
any fee prescribed in relation to the amendment.
(3)
For the fee prescribed for an amendment mentioned in subregulation (2), the Registrar may:
(a)
decide to waive the fee; or
(b)
decide not to waive the fee, and require that payment of the fee be made within the period of 5 working days after that decision.
(4)
For an amended AFS request to which subregulation (2) applies, and in respect of which the fee mentioned in subregulation (3) has been paid or waived:
(a)
the Registrar must amend the AFS request and as soon as practicable:
(i)
assess the amended AFS request in accordance with regulation 3A.4; and
(ii)
inform the requester under subregulation 3A.4(2); and
(b)
the period mentioned in subregulation (1) is extended to 5 working days after the Registrar informs the requester in accordance with subparagraph (a)(ii).
(5)
If the requester advises the Registrar that the AFS request is to be amended for a purpose other than that mentioned in subregulation (2), the Registrar:
(a)
must amend the AFS request; and
(b)
may assess the amended AFS request, insofar as the Registrar considers practicable, having regard to:
(i)
the complexity of the amendments requested; and
(ii)
the length of time that remains of the period mentioned in subregulation (1); and
(c)
insofar as it has been practicable to assess the amended AFS request—must inform the requester of the assessment.
(6)
An AFS request is discontinued if a requester fails to submit an application under Part 4 of the Act after following the procedure mentioned in subregulation (1).

3A.6AFS request – application for extension of time

(1)
A requester may apply to the Registrar to extend the period for amending or submitting an AFS request under subregulation 3A.5(1).
(2) The application must be made within the period of 2 months beginning immediately after the end of the period of 5 working days after the requester is informed by the Registrar under subregulation 3A.4(2).
(3)
The application must:
(a)
be in the approved form; and
(b)
be accompanied by a declaration stating the facts and circumstances forming the basis for the grounds for making the application.
Note: Regulations 21.6 and 21.7 deal with making and filing declarations.
(4)
The application may be made only on any of the following grounds:
(a)
an error or omission by the requester, the requester’s agent, the Registrar or an employee;
(b)
circumstances beyond the control of the requester, other than an error or omission by the requester, the requester’s agent, the Registrar or an employee;
(c)
special circumstances exist that justify an extension of the period.

3A.7AFS request – grant of extension of time

(1)
The Registrar may grant the application only if the Registrar is satisfied that the grounds set out in the application justify the extension.
(2)
The Registrar must decide the length of the extended period having regard to what is reasonable in the circumstances.
(3)
The Registrar must not grant more than one extension for an AFS request.

Part 4Application for registration 4.1Applications – approved form

(1)
For subsection 27(2) of the Act (which deals with applications for registration), an application for the registration of a trade mark must be:
(a)
in an approved form; or
(b)
an AFS request mentioned in Part 3A, in respect of which all fees were paid within the prescribed time limits.
(2)
Any material that is intended by the applicant to form part of the application for registration of a trade mark:
(a)
must be attached to the application; and
(b)
is taken to be part of the application.

4.2Application in approved form – requirements for filing

(1)
To be taken to be filed, an application for registration of a trade mark that is in an approved form must:
(a)
state that the application is for registration of the trade mark, or contain a clear indication to that effect; and
(b)
include a representation of the trade mark that is sufficient to identify the trade mark; and
(c)
specify the goods and/or services in relation to which the application is made; and
(d)
include sufficient information to enable the Registrar to establish the identity of the applicant; and
(e)
contain sufficient information to enable the Registrar to contact the applicant.
(2)
If an application does not meet a requirement set out in paragraph (1)(a), (b), (c) or (d), the Registrar must notify the applicant of the requirement.
(3)
If the applicant meets the requirement within a period of 2 months from the date of the notification, the application is taken to be filed on the day on which the requirement is met.
(4)
If the applicant does not meet the requirement within that period, the application is taken not to have been filed.

4.2AADivisional application – additional requirement for filing

A divisional application must contain the following information:
(a)
a statement that the application is a divisional application;
(b)
a statement identifying the parent application.

4.2AAFS request submitted as application – requirements for filing

An AFS request that is submitted as an application for registration of a trade mark under this Part may be taken as having been filed only if the Registrar is satisfied that all fees have been paid in respect of the application within the period of 5 working days mentioned in subregulation 3A.5(1), or such extended period as decided by the Registrar under regulation 3A.7.

4.3Representation of trade marks

(1)
If practicable, the representation of a trade mark included in an application for registration of the trade mark must not exceed 8 centimetres by 8 centimetres.
(2)
In an application for the registration of 2 or more trade marks as a series, the representation of each trade mark in the series must, if practicable, not exceed 8 centimetres by 8 centimetres.
(3)
In an application for the registration of a trade mark that contains, or consists of, a 3 dimensional shape:
(a)
if practicable, the representation of the trade mark in the application must be illustrated in a perspective that shows each feature of the trade mark; and
(b)
otherwise, the representation of the trade mark in the application must include views of the trade mark that are necessary to show each feature of the trade mark.
(4)
If the Registrar reasonably believes that the views of a trade mark to which paragraph (3)(a) or (b) applies are not sufficient to allow all features of the trade mark to be properly examined, the Registrar may, by notification to the applicant, require the applicant to give to the Registrar up to 6 additional views of the trade mark that show the features sufficiently to permit proper examination of the trade mark.
(5)
If the representation of a trade mark in an application for registration of the trade mark includes words of a language other than English, the applicant must file in support of the application a translation of the words into English, if required to do so by the Registrar at the time of application or later.
(6)
If the representation of a trade mark in an application for registration of the trade mark includes characters constituting words, being characters that are not roman letters, the applicant must file in support of the application:
(a)
a transliteration of the characters into roman letters, using the recognised system of romanisation of the characters (if any); and

(b)
a translation of the words into English.
(7)
If a trade mark for which registration is sought contains or consists of a sign that is a colour, scent, shape, sound or an aspect of packaging, or any combination of those features, the application for registration of the trade mark must include a concise and accurate description of the trade mark.
(8)
If the Registrar reasonably believes that the description or representation of a trade mark in an application for registration of the trade mark does not:
(a)
demonstrate the nature of the trade mark sufficiently; or
(b)
show each feature of the trade mark sufficiently;
to permit proper examination of the trade mark, the Registrar may, by notification to the applicant, require the applicant to give to the Registrar:
(c)
a description, or further description, of the trade mark; and
(d)
a specimen of the trade mark.
(9)
If a representation of a single trade mark exceeds, or the representations of the trade marks in a series of trade marks together exceed, 8 centimetres by 8 centimetres, the representation or representations:
(a)
must be attached to the application for registration of the trade mark or trade marks; and
(b)
must be taken to be part of the application.
(10)
The representation of a trade mark in an application for registration of the trade mark must be of a kind and quality that:
(a)
ensures that the features of the trade mark will be preserved in the course of time; and
(b)
is suitable for reproduction.

4.4Specification of goods and/or services

(1)
For the purposes of paragraph 27(3)(b) of the Act, the following subregulations set out the manner of specifying, in an application for the registration of a trade mark, the goods and/or services in respect of which registration is sought.
(2)
The expression ‘all goods’, ‘all services’, ‘all other goods’, or ‘all other services’ must not be used in an application for registration of a trade mark to specify the goods and/or services in respect of which registration is sought.
(3)
The goods and/or services must be grouped according to the appropriate classes described in Schedule 1.
(4)
The applicant must nominate the class number that is appropriate to the goods or services in each group.
(5)
The groups must be listed in the order of their class numbers.
(6)
The goods and/or services must, as far as practicable, be specified in terms appearing in any listing of goods and services that is:
(a)
published by the Registrar; and
(b)
made available for inspection by the public at the Trade Marks Office and its sub‑offices (if any).
(7)
If any of the goods and/or services cannot be specified using terms referred to in subregulation (6), the applicant must provide sufficient information to enable the Registrar to decide the classification of the goods and/or services.

4.5Period for claiming priority for an application

For the purposes of subsection 29(1) of the Act (which deals with claims for priority), the prescribed period in relation to a claim for a right of priority for an application is 2 working days after filing the application.

4.6How to claim priority

(1)
For the purposes of subsection 29(1) of the Act (which deals with claims for priority), an applicant must claim a right of priority for an application by filing notice of the claim.
(2)
Any notice under subregulation (1) must specify, in respect of the earlier application or, if there is more than 1 earlier application, in respect of each earlier application:
(a)
the Convention country in which the earlier application was filed at the trade marks office (or its equivalent) of that Convention country; and
(b)
the date on which the earlier application was filed.
(3)
If, as a result of a claim for a right of priority, more than 1 priority date applies in relation to an application, a person who claims a right of priority under subsection 29(1) of the Act must specify the goods and/or services to which each priority date relates.
(4)
The applicant must inform the Registrar of the number allocated to each earlier application in the trade marks office, or its equivalent, of the Convention country in which each earlier application was filed.

4.7Publication of particulars of application

(1)
For the purposes of section 30 of the Act (which deals with publishing particulars of applications), the Registrar must publish the following particulars of the application:
(a)
if a number has been allocated to the application in the Trade Marks Office—the number;
(b)
the applicant’s name;
(c)
the date of filing the application;
(d)
if the application is a divisional application—particulars of the parent application;
(e)
particulars of any claim for a right of priority for the application;
(f)
the class number or numbers for the goods and/or services in respect of which registration of the trade mark is sought.
(2)
The particulars must be published in a computer database maintained by the Trade Marks Office.
(3)
If, before 1 January 2001, an application by:
(a)
the Sydney Organising Committee for the Olympic Games constituted by the Sydney Organising Committee for the Olympic Games Act 1993 of New South Wales; or
(b)
Sydney Paralympic Organising Committee Limited incorporated under the law of New South Wales;
is accompanied by a written request by the applicant to postpone publication of the particulars of the application, the Registrar must publish the particulars of the application as soon as practicable after the expiration of 3 months after the date on which the application was filed.

4.8Examination of application – report to applicant

(1)
For the purposes of section 31 of the Act (which deals with examination and reporting), if in the course of an examination of an application the Registrar reasonably believes that:
(a)
the application has not been made in accordance with the Act or these regulations; or
(b)
there are grounds under Division 2 of Part 4 of the Act for rejecting it;
the Registrar must report that belief by notification to the applicant.
(2)
A report under subregulation (1) must include notification of the date on which the application will lapse if it is not accepted earlier.
(3)
If the Registrar reasonably suspects that the provisions of paragraph 27(1)(b) of the Act do not apply in relation to all of the goods and/or services specified in an application for registration of a trade mark, the Registrar may require the applicant to make a declaration to the Registrar that those provisions apply to all of those goods and/or services.
Note: Section 37 of the Act and regulation 4.12 deal with the lapsing of an application before acceptance.

4.9Examination – applicant’s response to report

(1)
An applicant may respond in writing to the Registrar’s report under regulation 4.8.
(2)
The response may:
(a)
contest a belief of the Registrar that is expressed in the report; and
(b)
contest another matter that is mentioned in the report; and
(c)
provide further documents or evidence in support of the application; and
(d)
request that the application be amended in accordance with the Act.
Note: Section 65 of the Act relates to the amendment of an application after particulars of the application have been published.

4.10Examination – further report to applicant

(1)
On receipt of a response under regulation 4.9, the Registrar must consider the response.
(2)
If the Registrar continues to believe that:
(a)
the application has not been made in accordance with the Act or these regulations; or
(b)
there are grounds under Division 2 of Part 4 of the Act for rejecting it;
the Registrar must report that belief by notification to the applicant.
(3)
Unless acceptance of an application is deferred, a report under subregulation (2) in relation to that application must include notification of the date on which the application will lapse if it is not accepted earlier.
(4)
Regulation 4.9 and this regulation apply to a report under subregulation (2) as if it were a report under regulation 4.8.

4.11Examination – additional requirements

(1)
In the course of an examination of an application for which a right of priority is claimed, the Registrar may notify the applicant that the applicant is required to file:
(a)
a copy of any earlier application certified in the trade marks office (or its equivalent) of the Convention country in which it was filed; and
(b)
if the earlier application is not in English:
(i)
a translation of the earlier application into English; and
(ii)
a certificate of verification relating to the translation.
(2)
If the applicant is the successor in title to the person who made the earlier application, the Registrar may notify the applicant that the applicant is required to file documentary evidence that is sufficient to establish the passing of title to the applicant.

4.11APublication of decision

For the purposes of paragraph 34(b) of the Act, the decision must be published in a computer database maintained by the Trade Marks Office.

4.12Periods after which applications lapse

(1)
For the purposes of subsection 37(1) of the Act (which deals with lapsing), the prescribed period, for an application in respect of which a report is made under regulation 4.8, is:
(a)
except as provided by paragraph (b)—15 months from the date of that report (whether or not a further report is made under regulation 4.10); or
(b)
if a further report raises grounds under Division 2 of Part 4 of the Act for rejecting the application that were not raised in the report made under regulation 4.8—15 months from the date of the further report.
(2)
In determining the period of 15 months for the purposes of paragraph (1)(a) or (b) in relation to an application, no account is to be taken of a period in which acceptance of the application is deferred under regulation 4.13.
(3)
An applicant may, before the end of a period prescribed in subregulation (1), or that period as extended under section 224 of the Act or as a result of a previous application of subregulation (4), request the Registrar in writing to extend the period.
(4)
The Registrar must, in accordance with a request made under subregulation (3), extend a period, unless:
(a)
the period; or
(b)
that period as extended under section 224 of the Act or as a result of a previous application of this subregulation;
would be extended for more than 6 months after the end of the relevant period prescribed in subregulation (1).
Note 1: If an extension of the time for acceptance of an application is sought after the end of a prescribed period, or of an extended period mentioned in subregulation 4.12(3), application must be made under section 224 of the Act.
Note 2: If a period prescribed in subregulation 4.12(1) has been extended by 6 months, any application for a further extension of time must be made under section 224 of the Act.

4.13Deferment of acceptance

(1)
The Registrar may, at the request of the applicant in writing, defer acceptance of an application for registration of a trade mark, if:
(a)
the request is made within a period prescribed in subregulation 4.12(1) or that period as extended under regulation 4.12 or section 224 of the Act; and
(b)
the Registrar reasonably believes that there are grounds for rejecting the application under subsection 44(1) or (2) of the Act, or subregulation 4.15A(1) or (2), because of another trade mark:
(i)
that is registered by another person; or
(ii)
that is a protected international trade mark; or
(iii)
in respect of which an application for registration, or an IRDA, has been made by another person; and
(c)
the applicant:
(i)
is awaiting the finalisation of proceedings in respect of the application for registration of the other trade mark or the IRDA; or
(ii)
is seeking to satisfy the Registrar as to:
(A)
a matter mentioned in paragraph 44(3)(a) or (b) of the Act or 4.15A(3)(a) or (b) of these Regulations; or
(B)
the matters mentioned in subsection 44(4) of the Act or subregulation 4.15A(5);
in relation to the applicant’s trade mark and the other trade mark; or
(iii)
has filed an application under section 92 of the Act or regulation 17A.48C in respect of the other trade mark and is awaiting the finalisation of proceedings in respect of that application; or
(iv)
has begun proceedings to have the Register or the Record of International Registrations rectified in respect of the other trade mark and the proceedings have not been determined or otherwise disposed of; or
(v)
is awaiting renewal of the registration of the other trade mark in the period of 6 months after registration of the other trade mark has expired, or removal of the other trade mark from the Register; or
(vi)
is awaiting renewal of the international registration of the other trade mark in the period of 6 months after the international registration has expired, or removal of the other trade mark from the International Register.
(2)
The Registrar may, on his or her own initiative, defer acceptance of the application within a period that is prescribed in subregulation 4.12(1) or that is extended under section 224 of the Act or subregulation 4.12(4), if:
(a)
the time within which proceedings mentioned in paragraph (b) may be begun, or an application mentioned in paragraph (c) may be made, has not ended; or
(b)
appeal proceedings under a provision of the Act have begun in a prescribed court in relation to the application; or
(c)
an application has been made to the ART for review of a decision of the Registrar in relation to the first‑mentioned application; or
(d)
the Registrar is informed in writing that the applicant has died.
(3)
The Registrar must defer acceptance of an application for registration of a certification trade mark when a copy of the rules governing the use of the certification trade mark is sent to the Commission in accordance with regulation 16.2.
(4)
The Registrar must notify an applicant:
(a)
if the applicant requests the Registrar to defer acceptance of an application—of the Registrar’s decision to defer, or not to defer, acceptance of the application; and
(b)
if the Registrar otherwise defers acceptance of an application—of the provision under which acceptance of the application is deferred.

4.14Period for which acceptance is deferred

(1)
The period for which acceptance of an application is deferred (the deferment period) begins immediately after:
(a)
for deferral under subregulation 4.13(1)—the date the Trade Marks Office receives the request; or
(b)
for deferral under subregulation 4.13(2) or (3)—the date of the notification of deferment issued under subregulation 4.13(4).
(2)
The deferment period ends:
(a)
when the application is withdrawn; or
(b)
if paragraph (a) does not apply—when the Registrar is reasonably satisfied that there are no longer grounds for rejecting the application under subsection 44(1) or (2) of the Act or subregulation 4.15A(1) or (2); or
(c)
if paragraphs (a) and (b) do not apply—in accordance with subregulation (3).
(3)
For the purposes of paragraph (2)(c), the deferment period ends:
(a)
if acceptance is deferred because of subparagraph 4.13(1)(c)(i)—when proceedings relating to the registration of, or the extension of protection to, the other trade mark are finalised; and
(b)
if acceptance is deferred because of subparagraph 4.13(1)(c)(ii)—at the end of 6 months from the date of commencement of deferment; and
(c)
if acceptance is deferred because of subparagraph 4.13(1)(c)(iii)—when proceedings under Part 9 of the Act or regulation 17A.48C in respect of the other trade mark are finalised; and
(d)
if acceptance is deferred because of subparagraph 4.13(1)(c)(iv)—when the proceedings to have the Register or the Record of International Registrations rectified in respect of the other trade mark are determined or otherwise disposed of; and
(e)
if acceptance is deferred because of subparagraph 4.13(1)(c)(v)—when the registration of the other trade mark is renewed or the other trade mark is removed from the Register; and
(ea)
if acceptance is deferred because of subparagraph 4.13(1)(c)(vi)—when the international registration of the other trade mark is renewed or the other trade mark is removed from the International Register; and
(f)
if acceptance is deferred because of paragraph 4.13(2)(a)—at the end of 2 months after the beginning of the period in which:
(i)
proceedings mentioned in paragraph 4.13(2)(b) may be begun; or
(ii)
an application mentioned in paragraph 4.13(2)(c) may be made; and
(g)
if acceptance is deferred because of paragraph 4.13(2)(b) or (c)—at the end of:
(i)
3 months after the determination, or other disposal, of the proceedings or review; or
(ii)
such time as the court to which any appeal is brought or the ART, or a court to which any appeal arising from review by the ART is brought, allows;
(h)
if acceptance is deferred because of paragraph 4.13(2)(d)—at the end of a period after the death of the applicant that the Registrar reasonably regards as sufficient in the circumstances; and
(j)
if acceptance is deferred because of subregulation 4.13(3):
(i)
if the Commission gives a certificate under subsection 175(2) of the Act in respect of the application—when the Registrar accepts the certification trade mark for registration; and
(ii)
if the Commission does not give a certificate under that subsection—at the end of 2 months after the date of the notice to the Registrar under subsection 175(4) of the Act.
(4)
If acceptance of an application is deferred as a result of the operation of more than 1 of the provisions of paragraph 4.13(1)(c) and subregulation 4.13(2), the deferment period ends in accordance with the relevant provision of subregulation (3) under which the deferment period ends later or last, as the case requires.
(5)
The Registrar must notify the applicant of:
(a)
the end of a period of deferment; and
(b)
if acceptance is deferred under subregulation 4.13(1)—the last day of the relevant period prescribed by paragraph 4.12(1)(a) or (b).

4.15Trade marks containing etc certain signs

For the purposes of paragraph 39(2)(a) of the Act (which deals with signs), the following signs are prescribed:
(a)
the words ‘Patent’, ‘Patented’, ‘By Royal Letters Patent’, ‘Protected International Trade Mark’, ‘Registered’, ‘Registered Design’, ‘Copyright’ ‘Plant Breeder’s Rights’, ‘EL rights’, or words or symbols to the same effect (including the symbols ‘©’ and ‘®’);
(b)
the words ‘To counterfeit this is a forgery’, or words to the same effect;
(c)
a representation of the Arms, or of a flag or seal, of the Commonwealth or of a State or Territory;
(d)
a representation of the Arms or emblem of a city or town in Australia or of a public authority or public institution in Australia;
(da)
a representation of a flag of a country that is a member of the International Union for the Protection of Industrial Property;
(e)
a representation of a mark notified by the International Union for the Protection of Industrial Property as not entitled to registration under international arrangements;
(f)
a sign specified in Schedule 2.
Note 1: For the meaning of EL rights, see section 5 of the Circuit Layouts Act 1989.
Note 2: A list of the marks mentioned in paragraph 4.15(e) is available at the Trade Marks Office and sub‑offices (if any).

4.15AGrounds for rejection – trade mark identical etc to trade mark protected under Madrid Protocol

(1)
For section 189A of the Act, and subject to subregulations (3) and (5), an application for the registration of a trade mark (applicant’s trade mark) in respect of goods (applicant’s goods) must be rejected if:
(a)
the applicant’s trade mark is substantially identical with, or deceptively similar to:
(i)
a protected international trade mark; or
(ii)
a trade mark in respect of which the Registrar has received notification of an IRDA;
held by another person in respect of similar goods or closely related services; and
(b)
the priority date for the registration of the applicant’s trade mark in respect of the applicant’s goods is not earlier than the priority date for the other trade mark in respect of the similar goods or closely related services.
Note: Under subsection 189A(3) of the Act, regulations made for the purposes of section 189A:
(a) may be inconsistent with the Act; and
(b) prevail over the Act (including any other regulations or other instruments made under the Act), to the extent of any inconsistency.

Division 2 of Part 4 of the Act includes provisions relating to the grounds on which an application for the registration of a trade mark must be rejected.
(2)
For section 189A of the Act, and subject to subregulations (3) and (5), an application for the registration of a trade mark (applicant’s trade mark) in respect of services (applicant’s services) must be rejected if:
(a)
the applicant’s trade mark is substantially identical with, or deceptively similar to:
(i)
a protected international trade mark; or
(ii)
a trade mark in respect of which the Registrar has received notification of an IRDA;
held by another person in respect of similar services or closely related goods; and
(b)
the priority date for the registration of the applicant’s trade mark in respect of the applicant’s services is not earlier than the priority date for the other trade mark in respect of the similar services or closely related goods.
Note: Under subsection 189A(3) of the Act, regulations made for the purposes of section 189A:
(a) may be inconsistent with the Act; and
(b) prevail over the Act (including any other regulations or other instruments made under the Act), to the extent of any inconsistency.
Division 2 of Part 4 of the Act includes provisions relating to the grounds on which an application for the registration of a trade mark must be rejected.
(3)
If, in a case mentioned in subregulation (1) or (2), the Registrar is satisfied:
(a)
that there has been honest concurrent use of the 2 trade marks; or
(b)
that, because of other circumstances, it is proper to do so;
the Registrar may accept the application for the registration of the applicant’s trade mark subject to any conditions or limitations that the Registrar thinks fit to impose.
(4)
If the applicant’s trade mark has been used only in a particular area, the limitations may include that the use of the trade mark is to be restricted to that particular area.
(5)
If, in a case mentioned in subregulation (1) or (2), the Registrar is satisfied that the applicant, or the applicant and the predecessor in title of the applicant, have continuously used the applicant’s trade mark for a period:
(a)
beginning before the priority date for the other trade mark in respect of:
(i)
the similar goods or closely related services; or
(ii)
the similar services or closely related goods; and
(b)
ending on the priority date for the registration of the applicant’s trade mark;
the Registrar must not reject the application because of the existence of the other trade mark.
Note: Section 44 of the Act provides for rejection of an application on the grounds that the trade mark is substantially identical with, or deceptively similar to, a registered trade mark or a trade mark for which registration is being sought.

4.18Request for expedited examination of application

(1)
A person who applies, or has applied, for the registration of a trade mark:
(a)
may request in writing expedited examination of the application; and
(b)
must include with the request a declaration stating the reasons for the request.
(2)
As soon as practicable after making a decision in relation to a request, the Registrar must give notification of the decision to the person who made the request.

4.19Expedited examinations

(1)
The Registrar must, to the extent that is practicable, examine applications for the registration of trade marks in relation to which requests under regulation 4.18 are granted:
(a)
in the order in which the requests are filed; and
(b)
before examination of an application for registration of a trade mark in relation to which:
(i)
a request under regulation 4.18 is not made; or
(ii)
a request made under that regulation is not granted.
(2)
In the absence of a request for expedited examination of an application for registration of a trade mark, the Registrar may expedite examination of the application if he or she reasonably believes that expedited examination is warranted.
(3)
The relationship of an application mentioned in subregulation (2) to another application for registration of a trade mark is a relevant circumstance for the purposes of that subregulation.

Part 5Opposition to registrationDivision 1Preliminary5.1What Part 5 is about

This Part sets out requirements for the following:
(a)
the filing of notices of opposition and associated documents;
(b)
the amending of filed documents;
(c)
the dismissal of an opposition;
(d)
a cooling‑off period for an opposition;
(e)
the hearing of an opposition;
(f)
associated matters.

5.2Definitions

In this Part:
notice of intention to defend means a notice filed under regulation 5.13.
notice of opposition means a notice of opposition under section 52 of the Act.
party means an applicant or opponent.
statement of grounds and particulars means a statement by an opponent that sets out:
(a)
the grounds on which the opponent intends to rely; and
(b)
the facts and circumstances forming the basis for the grounds.
trade mark application means an application for registration of a trade mark under section 27 of the Act.
Note: The following terms are defined in section 6 of the Act:
(a) applicant;
(b) approved form;
(c) employee;
(d) file;
(e) month;
(f) opponent;
(g) person.

5.4Notification and opportunity to make representations

(1)
This regulation applies if:
(a)
a party makes a request to the Registrar under this Part; or
(b)
the Registrar proposes to make a decision on the Registrar’s own initiative under this Part.
(2)
The Registrar must:
(a)
for paragraph (1)(a)—notify the other party of the request, including by giving the other party a copy of the request; or
(b)
for paragraph (1)(b)—notify the parties of the proposed decision.
(3)
If the Registrar proposes to grant the request, the Registrar must give the parties an opportunity to make representations:
(a)
in writing; or
(b)
at a hearing; or
(c)
by other means that the Registrar states in the notification.
(4)
The Registrar must notify the parties of the decision.

Division 2Filing of opposition documentsSubdivision ANotice of opposition5.5Components of notice of opposition

(1)
The components of a notice of opposition are:
(a)
a notice of intention to oppose; and
(b)
a statement of grounds and particulars.
(2)
A notice of opposition is taken to be filed when both of its components have been filed.

5.6Filing of notice of intention to oppose

(1)
For subsection 52(2) of the Act, the period for filing a notice of intention to oppose is 2 months from the day the acceptance of the trade mark application is published in a computer database maintained by the Trade Marks Office in accordance with regulation 4.11A.
(2)
The notice must be in an approved form.
(3)
The Registrar must give a copy of the notice to the applicant.

5.7Filing of statement of grounds and particulars

(1)
A statement of grounds and particulars must be filed within one month from the day the notice of intention to oppose is filed.
(2)
The statement must be in an approved form.

5.8Statement of grounds and particulars must be adequate

(1)
The Registrar must assess the adequacy of a statement of grounds and particulars.
(2)
If the Registrar decides that the statement is adequate, the Registrar must give a copy of the statement to the applicant.
(3)
If the Registrar decides that the statement is inadequate:
(a)
the Registrar may direct the opponent to rectify the inadequacy by filing more information on the basis for one or more of the grounds; or
(b)
if all the grounds are inadequately particularised, the Registrar may dismiss the opposition; or
(c)
if only some of the grounds are inadequately particularised, the Registrar may:
(i)
delete from the statement some or all of the material that is inadequate; and
(ii)
treat the result as the statement for the purposes of these Regulations; and
(iii)
give a copy of the amended statement to the opponent.
(4)
If the Registrar decides that the statement is still inadequate after the information is filed under paragraph (3)(a):
(a)
the Registrar may dismiss the opposition; or
(b)
the Registrar may:
(i)
delete from the statement some or all of the material that is inadequate; and
(ii)
treat the result as the statement for the purposes of these Regulations; and
(iii)
give a copy of the amended statement to the opponent.
(5)
If the Registrar decides that the information filed under paragraph (3)(a) rectifies the inadequacy of the statement, the Registrar must give a copy of the statement and the information filed in relation to paragraph (3)(a) to the applicant.
(6)
The opponent may apply to the ART for review of a decision under this regulation to dismiss the opposition or delete material from the statement of grounds and particulars.
(7)
Regulation 5.4 does not apply to this regulation.

5.9Extension of time for filing – application

(1)
A person who intends to oppose an application under subsection 52(1) of the Act may request the Registrar to extend:
(a)
the period for filing a notice of intention to oppose under subregulation 5.6(1); or
(b)
the period for filing a statement of grounds and particulars under subregulation 5.7(1).
(2)
A request under paragraph (1)(a) or (b) may be made:
(a)
within the period for filing the document in question; or
(b)
before the trade mark is entered on the Register under section 69 of the Act.
Note: See subparagraph (3)(b)(ii) and subregulation 5.10(2) in relation to the consequences of making the request after the filing period has ended.
(3)
The request must:
(a)
be in an approved form; and
(b)
be accompanied by a declaration stating:
(i)
the facts and circumstances forming the basis for the grounds; and
(ii)
if the period for filing the notice or the statement of grounds and particulars has ended—the reason why the request was not made within the period.
Note: Regulations 21.6 and 21.7 deal with making and filing declarations.
(4)
The request may be made only on either or both of the following grounds:
(a)
an error or omission by the person, the person’s agent, the Registrar or an employee;
(b)
circumstances beyond the control of the person, other than an error or omission by the person, the person’s agent, the Registrar or an employee.

5.10Extension of time for filing – grant

(1)
The Registrar may grant a request under subregulation 5.9(1) for an extension of time only if the Registrar is satisfied that the grounds set out in the request justify the extension.
(2)
However, if the request is made after the period for filing the notice or statement of grounds and particulars has ended, the Registrar must not grant the extension unless the Registrar is satisfied that there is sufficient reason for the delay in making the request.
(3)
The Registrar must decide the length of the extended period having regard to what is reasonable in the circumstances.

5.11Amendment of notice of intention to oppose

(1)
An opponent may request the Registrar to amend a notice of intention to oppose to correct a clerical error or obvious mistake.
(2)
If an opposition is proceeding in the name of another person (the new opponent) under section 53 of the Act, the new opponent may request the Registrar to amend the notice of intention to oppose to record the new opponent’s name.
(3)
The Registrar may grant the request on terms that the Registrar considers appropriate.
(4)
If the Registrar grants the request, the Registrar must give a copy of the amended notice of intention to oppose to the applicant.
(5)
Regulation 5.4 does not apply to a request under subregulation (1) or (2).

5.12Amendment of statement of grounds and particulars

(1)
An opponent may request the Registrar to amend the statement of grounds and particulars to:
(a)
correct an error or omission in the grounds of opposition or the facts and circumstances forming the basis for the grounds; or
(b)
amend a ground of opposition; or
(c)
add a new ground of opposition; or
(d)
to amend the facts and circumstances forming the basis for the grounds.
(2)
The Registrar may grant the request on terms that the Registrar considers appropriate.
(3)
However, the Registrar may grant a request to:
(a)
amend a ground of opposition; or
(b)
add a new ground of opposition;
only if the Registrar is satisfied that the amendment or addition relates to information of which the opponent could not reasonably have been aware at the time of filing the statement.
(4)
If the Registrar grants the request, the Registrar must give a copy of the amended statement to the applicant.

Subdivision BNotice of intention to defend5.13Filing of notice of intention to defend

(1)
For subsection 52A(2) of the Act, a notice of intention to defend must be filed within one month from the day the applicant is given a copy of the statement of grounds and particulars.
(2)
The Registrar must give a copy of the notice to the opponent.

5.13AExtension of time for filing – application

(1)
A person may apply to the Registrar to extend the period for filing, under subsection 52A(1) of the Act, a notice of intention to defend.
(2)
The application must be made before the end of the period of 2 months beginning on the day after the end of the period mentioned in subregulation 5.13(1).
(3)
The application must:
(a)
be in the approved form; and
(b)
be accompanied by a declaration stating the facts and circumstances forming the basis for the grounds for making the application.
Note: Regulations 21.6 and 21.7 deal with making and filing declarations.
(4)
The application may be made only on either or both of the following grounds:
(a)
an error or omission by the person, the person’s agent, the Registrar or an employee;
(b)
circumstances beyond the control of the person, other than an error or omission by the person, the person’s agent, the Registrar or an employee.

5.13BExtension of time for filing – grant

(1)
The Registrar may grant an application under subregulation 5.13A(1) for an extension of time only if the Registrar is satisfied that the grounds set out in the application justify the extension.
(2)
However, if the application is made after the period mentioned in subregulation 5.13(1) has ended, the Registrar must not grant the extension unless the Registrar is satisfied that there is sufficient reason for the delay in making the application.
(3)
The Registrar must decide the length of the extended period having regard to what is reasonable in the circumstances.

Subdivision CEvidence5.14Filing of evidence

(1) The Registrar must notify the parties that:
(a)
all the evidence for an evidentiary period mentioned in this regulation has been filed; or
(b)
no evidence was filed for the period.
(2)
The Registrar must give a copy of any evidence filed by a party under this regulation to the other party:
(a)
before the end of the relevant evidentiary period, if the Registrar considers it appropriate to do so; or
(b)
after the evidentiary period ends.
Evidence in support
(3)
An opponent must file any evidence in support of the opposition within 3 months from the day the opponent is given a copy of the notice of intention to defend.
Evidence in answer
(4)
If the opponent files evidence in support of the opposition, the applicant must file any evidence in answer to the evidence in support within 3 months from the day the Registrar:
(a)
gives the applicant:
(i)
all the evidence in support; or
(ii)
if the opponent files the evidence in support in instalments—the final instalment of the evidence in support; and
(b)
notifies the applicant that all the evidence in support has been filed.
(5)
If the opponent does not file any evidence in support of the opposition, the applicant must file any evidence in answer to the statement of grounds and particulars within 3 months from the day the Registrar notifies the applicant that no evidence in support was filed.
Evidence in reply
(6) If the applicant files evidence in answer under subregulation (4) or (5), the opponent must file any evidence in reply to the evidence in answer within 2 months from the day the Registrar:
(a)
gives the opponent:
(i)
all the evidence in answer; or
(ii)
if the applicant files the evidence in answer in instalments—the final instalment of the evidence in answer; and
(b)
notifies the opponent that all the evidence in answer has been filed.

5.15Extension of time for filing

(1)
A party may request the Registrar to extend a period for filing evidence mentioned in regulation 5.14.
(2)
The Registrar may extend the period only if the Registrar is satisfied that:
(a)
the party:
(i)
has made all reasonable efforts to comply with all relevant filing requirements of this Part; and
(ii)
despite acting promptly and diligently at all times to ensure the filing of the evidence within the period, is unable to do so; or
(b)
there are exceptional circumstances that justify the extension.
(3)
The Registrar:
(a)
must decide the length of the extended period having regard to what is reasonable in the circumstances; and
(b)
may do so on terms that the Registrar considers appropriate.
(4)
In this regulation:
exceptional circumstances includes the following:
(a)
a circumstance beyond the control of a party that prevents the party from complying with a filing requirement under this Part;
(b)
an error or omission by the Registrar or an employee that prevents a party from complying with a filing requirement under this Part;
(c)
an order of a court or a direction by the Registrar that the opposition be stayed.

Division 3Cooling‑off period for opposition5.16Registrar may allow cooling‑off period

(1)
This regulation applies to an opposition if:
(a)
the notice of opposition has been filed; and
(b)
the Registrar has not made a decision on the opposition under subsection 55(1) of the Act; and
(c)
the opposition has not been dismissed under section 222 of the Act or regulation 5.8.
(2)
If the Registrar is satisfied that the parties agree to a cooling‑off period, the Registrar must allow a cooling‑off period of 6 months.
(3)
The Registrar must extend the cooling‑off period for 6 months if, before the end of the period, the Registrar is satisfied that the parties agree to the extension.
(4)
The Registrar must not:
(a)
further extend the cooling‑off period; or
(b)
allow more than one cooling‑off period for an opposition.
(5)
If a party files a notice, in an approved form, requesting the Registrar to discontinue the cooling‑off period, the Registrar must do so.
(6)
The Registrar may direct the parties on steps the parties must take:
(a)
if the cooling‑off period is discontinued; or
(b)
otherwise—when the cooling‑off period ends.
(7)
The opposition resumes:
(a)
if the cooling‑off period is discontinued; or
(b)
otherwise—when the cooling‑off period ends.
(8)
If:
(a)
the cooling‑off period begins during the period mentioned in regulation 5.13 or an evidentiary period mentioned in regulation 5.14; and
(b)
the opposition resumes;
the period mentioned in regulation 5.13 or 5.14 restarts when the opposition resumes.

Division 4Hearing of opposition5.17Hearing

(1)
This regulation applies to an opposition if:
(a)
the opposition has not:
(i)
been dismissed under section 222 of the Act or paragraph 5.8(3)(b) or 5.8(4)(a); or
(ii)
been decided under subsection 55(1) of the Act; and
(b)
the trade mark application to which the opposition relates has not lapsed under section 54A of the Act.
(2)
An applicant may request the Registrar to hold a hearing if:
(a)
the evidentiary period mentioned in subregulation 5.14(3) has ended; and
(b)
either:
(i)
all evidence for the opposition proceeding has been filed; or
(ii)
no evidence has been filed in that period.
(3)
A party may request the Registrar to hold a hearing if:
(a)
an evidentiary period mentioned in any of subregulations 5.14(4) to (6) has ended; and
(b)
either:
(i)
all evidence for the opposition proceeding has been filed; or
(ii)
no evidence has been filed in that period.
(4)
The Registrar:
(a)
must hold a hearing of the opposition if requested by a party; or
(b)
may decide, on the Registrar’s own initiative, to hold a hearing of the opposition.
(5)
The hearing may, at the Registrar’s discretion, be:
(a)
an oral hearing; or
(b)
by written submissions.
(6)
If the Registrar decides on an oral hearing:
(a)
the Registrar must notify the parties of the date, time and place of the hearing; and
(b)
the opponent must file a summary of submissions at least 10 business days before the hearing; and
(c)
the applicant must file a summary of submissions at least 5 business days before the hearing.

(7)
The Registrar may take into account a party’s failure to file a summary of submissions under subregulation (6) in making an award of costs.
Note: Regulations 21.15 and 21.16 deal with hearings.

Division 5Miscellaneous5.18Copy of earlier Convention application to be available to opponent

(1)
In opposition proceedings relating to an application in respect of which the applicant claims a right of priority, an opponent may request the Registrar for a copy of an earlier application to be made available.
(2)
On receiving the request, the Registrar must require the applicant to file:
(a)
a copy of the earlier application certified in the trade marks office (or its equivalent) of the Convention country in which it was filed; and
(b)
if the earlier application is not in English:
(i)
a translation of the earlier application into English; and
(ii)
a certificate of verification relating to the translation.
(3)
Subregulation (2) does not apply if the applicant has already filed the relevant documents.
(4)
The Registrar must give a copy of the documents to the opponent.
(5)
If the applicant is the successor in title to the person who made the earlier application, the Registrar may require the applicant to provide documentary evidence that is sufficient to establish the passing of title to the applicant.

5.19Registrar may give direction

(1)
The Registrar may give a direction in relation to an opposition to which this Part applies:
(a)
if requested by a party in writing; or
(b)
on the Registrar’s own initiative.
(2)
If the Registrar proposes to give a direction, the Registrar must give the parties an opportunity to make representations about the direction.
(3)
A direction must not be inconsistent with the Act or these Regulations.
(4)
The Registrar must notify the parties of the direction as soon as practicable.

5.20Registrar must notify parties of dismissal or discontinuance of opposition

If an opposition is dismissed under section 222 of the Act or regulation 5.8 or discontinued, the Registrar must notify the parties of the dismissal or discontinuance.

Part 6Amendment of application for registration of a trade mark and other documentsDivision 1Amendment of application for registration of trade mark and other documents6.1Amendment of applications by Registrar

(1)
For the purposes of subsection 63(2) of the Act (which deals with amendment), if the Registrar proposes to amend an application for the registration of a trade mark, the Registrar must by notification to the applicant:
(a)
set out the proposed amendment and the reason for making the amendment; and
(b)
state that the proposed amendment will be made at the end of a reasonable period stated in the notification, unless the applicant objects to the amendment within that period.
(2)
If an applicant objects to an amendment proposed by the Registrar within the period mentioned in paragraph (1)(b), the Registrar must not make the amendment unless the objection is withdrawn.

6.2Request to amend before publication of details

For the purposes of paragraph 64(b) of the Act (which deals with amendments before publication), the period for requesting an amendment is 14 days after filing the application for the registration of the trade mark.

6.3Filing of declarations

If a person requests an amendment under section 64 of the Act (which deals with amendments before publication) or paragraph 66(a) of the Act (which deals with amendment of other documents), the Registrar may require the applicant to file a declaration stating:
(a)
that a clerical error or obvious mistake was made in the application; and
(b)
the circumstances in which the error or mistake was made.
Note: Regulations 21.6 and 21.7 deal with making and filing declarations.

6.3APublication of request for amendment

For the purposes of subsection 65A(3) of the Act, the request for the amendment must be published in a computer database maintained by the Trade Marks Office.

6.4Notification of amendments

If the Registrar amends an application, notice or document under Part 6 of the Act, the Registrar must give notification of the amendment to:
(a)
the person who requested the amendment; and
(b)
any other person that the Registrar thinks appropriate.

Division 2Opposition to amendment after particulars published6.5Definitions

In this Division:
notice of opposition means a notice filed under subregulation 6.6(1).
party means an applicant or opponent.
Note: The following terms are defined in section 6 of the Act:
(a) applicant;
(b) approved form;
(c) file;
(d) month;
(e) person.

6.6Notice of opposition

(1)
For subsection 65A(4) of the Act, a person may oppose a request for amendment by filing a notice of opposition, in an approved form, within one month from the publication of the request for the amendment in a computer database maintained by the Trade Marks Office in accordance with regulation 6.3A.
(2)
The Registrar must give a copy of the notice to the applicant.

6.7Notification and opportunity to make representations

(1)
This regulation applies if:
(a)
a party makes a request to the Registrar under this Division; or
(b)
the Registrar proposes to make a decision on the Registrar’s own initiative under this Division.
(2)
The Registrar must:
(a)
for paragraph (1)(a)—notify the other party of the request, including by giving the other party a copy of the request; or
(b)
for paragraph (1)(b)—notify the parties of the proposed decision.
(3)
If the Registrar proposes to grant the request, the Registrar must give the parties an opportunity to make representations:
(a)
in writing; or
(b)
at a hearing; or
(c)
by other means that the Registrar states in the notification.
(4)
The Registrar must notify the parties of the Registrar’s decision.

6.8Practice and procedure

The Registrar may:
(a)
decide the practice and procedure to be followed in an opposition to which this Division applies; and
(b)
direct the parties accordingly.

6.9Hearing

(1) The Registrar:
(a)
must hold a hearing of the opposition if requested by a party in writing; or
(b)
may decide, on the Registrar’s own initiative, to hold a hearing of the opposition.
(2)
The hearing may, at the Registrar’s discretion, be:
(a)
an oral hearing; or
(b)
by written submissions.
(3)
If the Registrar decides on an oral hearing:
(a)
the Registrar must notify the parties of the date, time and place of the hearing; and
(b)
the opponent must file a summary of submissions at least 10 business days before the hearing; and
(c)
the applicant must file a summary of submissions at least 5 business days before the hearing.
(4)
The Registrar may take into account a party’s failure to file a summary of submissions under subregulation (3) in making an award of costs.
Note: Regulations 21.15 and 21.16 deal with hearings.
(5)
The Registrar must:
(a)
decide the opposition; and
(b)
notify the parties of the Registrar’s decision.

6.10Registrar may give direction

(1)
The Registrar may give a direction in relation to an opposition to which this Division applies:
(a)
if requested by a party in writing; or
(b)
on the Registrar’s own initiative.
(2)
If the Registrar proposes to give a direction, the Registrar must give the parties an opportunity to make representations about the direction.
(3)
A direction must not be inconsistent with the Act or these Regulations.
(4)
The Registrar must notify the parties of the direction as soon as practicable.

6.11Registrar must notify parties of dismissal or discontinuance of opposition

If an opposition is dismissed or discontinued, the Registrar must notify the parties of the dismissal or discontinuance.

Part 7Registration of trade marksDivision 1Initial registration7.1Period in which a trade mark can be registered

(1)
For the purposes of subsection 68(1) of the Act (which deals with registration), the period for the registration of a trade mark that has been accepted for registration is:
(a)
except if paragraph (b) applies—the period from the beginning of the day on which the acceptance is published in a computer database maintained by the Trade Marks Office in accordance with regulation 4.11A to the end of:
(i)
the day that is 6 months after that day; or
(ii)
if a later day is specified under subregulation (2) or (3)—the day specified in that subregulation; and
(b)
in the case of the death of an applicant for registration of the trade mark—within 12 months of the date of death or within such further period as the Registrar reasonably allows.
(2)
If:
(a)
proceedings in relation to the registration of the trade mark before a prescribed court or the ART are not determined or otherwise disposed of; and
(b)
the prescribed court or the ART is satisfied that the registration of the trade mark cannot take place on or before the first‑mentioned day in subparagraph (1)(a)(i);
the prescribed court or the ART may specify for the purposes of subparagraph (1)(a)(ii) a day that is later than the first‑mentioned day in subparagraph (1)(a)(i).
(3)
If:
(a)
proceedings in relation to the registration of the trade mark are before the Registrar; and
(b)
the Registrar is reasonably satisfied that:
(i)
the registration of the trade mark cannot take place on or before the first‑mentioned day in subparagraph (1)(a)(i); and
(ii)
it is appropriate to do so;
the Registrar may specify, for the purposes of subparagraph (1)(a)(ii), a day that is later than the first‑mentioned day in subparagraph (1)(a)(i).

7.2Particulars to be entered in the Register

For the purposes of paragraph 69(2)(c) of the Act (which deals with particulars), the following other particulars of a trade mark must be entered in the Register:
(a)
if the trade mark is registered as a certification trade mark, a collective trade mark or a defensive trade mark—an indication to that effect;
(b)
the date of the registration;
(c)
the date on which the Registrar enters the particulars of the registration in the Register under subsection 69(1) of the Act;
(d)
the particulars of any right of priority claimed under section 29 of the Act;
(e)
the filing date of the parent application on which any divisional application is based;
(f)
any number allocated to the parent application for registration of the trade mark;
(g)
the class numbers of the goods and/or services in respect of which the trade mark is registered;
(h)
the address of the owner of the trade mark;
(i)
any other particulars relating to the trade mark that the Registrar reasonably believes to be appropriate.

7.2APublication of registration

For the purposes of paragraph 71(a) of the Act, the registration must be published in a computer database maintained by the Trade Marks Office.

Division 2Renewal of registration (general)7.3Period for request for renewal

For the purposes of subsection 75(1) of the Act (which deals with requests for renewal), the period within which a person may request the Registrar to renew the registration of a trade mark is 12 months ending on the day on which the registration of the trade mark expires.

7.4Notice of renewal due – when and how given

(1)
For the purposes of section 76 of the Act (which deals with notice of renewal due), the period in relation to notifying a registered owner that renewal of the registration of a trade mark is due is 2 months ending on the day on which the registration of the trade mark expires.
(2)
A notice that the renewal is due must include:
(a)
a statement of the date on which the registration of the trade mark will expire; and
(b)
a statement of any fee payable.

7.5Notification of renewal

For the purposes of subsection 77(2) of the Act (which deals with renewal), a notification of the renewal of the registration of a trade mark must include:
(a)
a statement that the registration is renewed; and
(b)
the period for which it is renewed.

Division 3Renewal of registration (registration delayed for 10 or more years after filing date)7.6Prescribed period (Act s 80A(3))

For subsection 80A(3) of the Act, the prescribed period is 2 months.
Note: Paragraph 80A(3)(b) of the Act provides that the prescribed period commences on the Register entry day.

7.7Notification about renewal

For section 80C of the Act (which deals with renewal of registration, where registration has been delayed for 10 or more years after the filing date of the application for registration) the Registrar’s notification to the registered owner of the trade mark must state:
(a)
the date on which the prescribed period expires; and
(b)
the fee payable by the registered owner.

7.8Notification of renewal

For section 80E of the Act (which deals with renewal within the prescribed period), a notification of the renewal of the registration of a trade mark must:
(a)
state that the registration is renewed; and
(b)
state the period or periods for which it is renewed.

Part 8Amendment and cancellation of registration 8.1Notice of cancellation

(1)
The Registrar must, after receiving a request from the owner of a registered trade mark under subsection 84(1) of the Act, cancel registration of the trade mark if the Registrar is not obliged under subsection 84(2) of the Act to notify a person.
(2)
If the Registrar must notify a person under that subsection, the notification must state that unless:
(a)
the request from the owner is sooner withdrawn; or
(b)
a prescribed court determines that the Registrar must not cancel registration of the trade mark;
the Registrar will cancel the trade mark at the end of a period of 2 months from the date of the notification.
(3)
If:
(a)
before the end of the period of 2 months, each person who is notified advises the Registrar in writing that the person does not object to cancellation of registration of the trade mark—the Registrar must cancel registration of the trade mark; or
(b)
paragraph (a) does not apply—the Registrar must cancel registration of the trade mark after the end of that period;
unless the request from the owner is withdrawn or a prescribed court determines otherwise.

8.2Amendment or cancellation – matters for the court

For the purposes of paragraph 89(2)(a) of the Act (which deals with amendment or cancellation by a prescribed court), a prescribed court, in making a decision under subsection 89(1) of the Act on an application for rectification of the Register, must take into account the following matters, so far as they are relevant:
(a)
the extent to which the public interest will be affected if registration of the trade mark is not cancelled;
(b)
whether any circumstances that gave rise to the application have ceased to exist;
(c)
the extent to which the trade mark distinguished the relevant goods and/or services before the circumstances giving rise to the application arose;
(d)
whether there is any order or other remedy, other than an order for rectification, that would be adequate in the circumstances.

8.3Grounds for application for rectification of Register – registered trade mark identical etc to trade mark protected under Madrid Protocol

For section 189A of the Act, and in addition to anything in Part 8 of the Act, an application for the rectification of the Register in relation to a trade mark may be made on any of the grounds mentioned in regulation 4.15A.
Note: Under subsection 189A(3) of the Act, regulations made for the purposes of section 189A:
(a) may be inconsistent with the Act; and
(b) prevail over the Act (including any other regulations or other instruments made under the Act), to the extent of any inconsistency.

8.3AAmendment because of inconsistency with international agreements – publication of request

For the purposes of subsection 83A(3) of the Act, the request for the amendment must be published in a computer database maintained by the Trade Marks Office.

8.4Amendment because of inconsistency with international agreements – notice of opposition

(1)
For subsection 83A(4) of the Act, a person may 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 the request for amendment is published in a computer database maintained by the Trade Marks Office in accordance with regulation 8.3A.
(3)
The Registrar must give a copy of the notice to the registered owner of the registered trade mark.

8.5Amendment because of inconsistency with international agreements – opposition practice and procedure

The Registrar may:
(a)
decide the practice and procedure to be followed in an opposition under subsection 83A(4) of the Act; and
(b)
direct the registered owner of the registered trade mark who made the request for amendment, and a person (an opponent) who filed a notice of opposition, accordingly.

8.6Amendment because of inconsistency with international agreements – hearing

(1) The Registrar:
(a)
must hold a hearing of an opposition under subsection 83A(4) of the Act if requested by the registered owner of the registered trade mark, or an opponent, in writing; or
(b)
may decide, on the Registrar’s own initiative, to hold a hearing of the opposition.
(2)
The hearing may, at the Registrar’s discretion, be:
(a)
an oral hearing; or
(b)
by written submissions.
(3)
If the Registrar decides on an oral hearing:
(a)
the Registrar must notify the registered owner of the registered trade mark, and each opponent, of the date, time and place of the hearing; and
(b)
the registered owner of the registered trade mark must file a summary of submissions at least 5 business days before the hearing; and
(c)
each opponent must file a summary of submissions at least 10 business days before the hearing.
(4)
If the registered owner of the registered trade mark, or an opponent, fails to file a summary of submissions under subregulation (3), the Registrar may take that failure into account in making an award of costs.
(5)
The Registrar must:
(a)
decide the opposition; and
(b)
notify the registered owner of the registered trade mark, and each opponent, of the Registrar’s decision.
(6)
Regulations 21.15 and 21.16 do not apply in relation to an opposition under subsection 83A(4) of the Act.

8.7Amendment because of inconsistency with international agreements – opposition directions

(1)
The Registrar may give a direction in relation to an opposition under subsection 83A(4) of the Act:
(a)
if requested by the registered owner of the registered trade mark, or an opponent, in writing; or
(b)
on the Registrar’s own initiative.
(2)
If the Registrar proposes to give a direction, the Registrar must give the registered owner of the registered trade mark, and each opponent, an opportunity to make representations about the direction.
(3)
A direction must not be inconsistent with the Act or these Regulations.
(4)
The Registrar must notify the registered owner of the registered trade mark, and each opponent, of the direction as soon as practicable.

8.8Amendment because of inconsistency with international agreements – notification of dismissal or discontinuance of opposition

If an opposition under subsection 83A(4) of the Act is dismissed under section 222 of the Act or is discontinued, the Registrar must notify the registered owner of the registered trade mark, and each opponent, of the dismissal or discontinuance.

Part 9Removal of trade mark from Register for non‑useDivision 1Preliminary9.1What Part 9 is about

This Part sets out requirements for the following:
(a)
the making and notification of an application for removal;
(b)
the filing of notices of opposition and associated documents;
(c)
the amending of filed documents;
(d)
the dismissal of an opposition;
(e)
the hearing of an opposition;
(f)
associated matters.

9.2Definitions

In this Part:
application for removal means an application for removal of a trade mark from the Register.
notice of intention to defend means a notice filed under regulation 9.15.
notice of opposition means a notice of opposition under section 96 of the Act.
opponent means a person who files:
(a)
a notice of intention to oppose; and
(b)
a statement of grounds and particulars.
party means an applicant or opponent.
statement of grounds and particulars means a statement by an opponent that sets out:
(a)
the grounds for removal that the opponent intends to rebut; and
(b)
the facts and circumstances that form the basis for the opposition to the removal.
Note: The following terms are defined in section 6 of the Act:

am F2018L01435
r 4.11A......................................	ad F2024L00525
r 4.13.........................................	am No 33, 2001; No 40, 2007; No 31, 2013; F2018L01435; F2024L01299
r 4.14.........................................	am No 186, 1999; No 33, 2001; No 31, 2013; F2018L01435; F2024L01299
r 4.15.........................................	am 2001 No 33; No 31, 2013; F2016L01754
r 4.15A......................................	ad 2001 No 33
am 2005 No 52
r 4.16.........................................	rep 2007 No 40
r 4.17.........................................	am 2002 No 318
rep 2007 No 40
r 4.18.........................................	am F2018L01435
Part 5
Part 5.........................................	rs No 31, 2013
Division 1
r 5.1...........................................	rs No 31, 2013
r 5.2...........................................	am 2003 No 214
rs No 31, 2013
am F2020L00997
r 5.3...........................................	rs No 31, 2013
rep F2018L01435
r 5.4...........................................	rs No 31, 2013
Division 2
Subdivision A
r 5.5...........................................	rs No 31, 2013
rs F2020L00997
r 5.6...........................................	rs No 31, 2013
am F2024L00525
r 5.7...........................................	rs No 31, 2013
r 5.8...........................................	rs No 31, 2013
am F2024L01299
r 5.9...........................................	rs No 31, 2013
r 5.10.........................................	am 2001 No 247
rs No 31, 2013
r 5.11.........................................	rs No 31, 2013
r 5.12.........................................	rs No 31, 2013
Subdivision B
r 5.13.........................................	rs No 31, 2013
r 5.13A......................................	ad F2018L01435
r 5.13B.......................................	ad F2018L01435
Subdivision C
r 5.14.........................................	rs No 31, 2013
r 5.15.........................................	rs No 31, 2013
Division 3
r 5.16.........................................	rs No 31, 2013
Division 4
r 5.17.........................................	rs No 31, 2013
Division 5
r 5.18.........................................	ad 2005 No 52
rs No 31, 2013
r 5.19.........................................	ad 2005 No 52
rs No 31, 2013
r 5.20.........................................	ad No 31, 2013
Part 6
Division 1
Division 1 heading......................	ad No 31, 2013
r 6.1...........................................	am F2018L01435
r 6.3A........................................	ad F2024L00525
r 6.4...........................................	am F2018L01435
Division 2
Division 2..................................	ad No 31, 2013
r 6.5...........................................	ad 2007 No 40
rs No 31, 2013
r 6.6...........................................	ad 2007 No 40
rs No 31, 2013
am F2024L00525
r 6.7...........................................	ad No 31, 2013
r 6.8...........................................	ad No 31, 2013
r 6.9...........................................	ad No 31, 2013
r 6.10.........................................	ad No 31, 2013
r 6.11.........................................	ad No 31, 2013
Part 7
Division 1
Division 1 heading......................	ad 2001 No 247
r 7.1...........................................	am No 31, 2013 (md)
am F2024L00525; F2024L01299
r 7.2...........................................	am 2007 No 40
r 7.2A........................................	ad F2024L00525
Division 2
Division 2 heading......................	ad 2001 No 247
r 7.5...........................................	am F2018L01435
Division 3
Division 3..................................	ad 2001 No 247
r 7.6...........................................	ad 2001 No 247
r 7.7...........................................	ad 2001 No 247
am F2018L01435
r 7.8...........................................	ad 2001 No 247
am F2018L01435
Part 8
r 8.1...........................................	am F2018L01435
r 8.1A........................................	ad 2007 No 40
rep F2018L01435
r 8.3...........................................	ad 2005 No 52
am F2020L00997
r 8.3A........................................	ad F2024L00525
r 8.4...........................................	ad 2010 No 248
am F2018L01435; F2024L00525
r 8.5...........................................	ad 2010 No 248
rs F2018L01435
r 8.6...........................................	ad F2018L01435
r 8.7...........................................	ad F2018L01435
r 8.8...........................................	ad F2018L01435
Part 9
Part 9.........................................	rs No 31, 2013
Division 1
r 9.1...........................................	am 1996 No 3
rs 2007 No 40; No 31, 2013
r 9.2...........................................	am 1999 No 186; 2007 No 40
rs No 31, 2013
am F2020L00997
r 9.3...........................................	rs No 31, 2013
rep F2018L01435
r 9.4...........................................	am 2007 No 40
rs No 31, 2013
Division 2
r 9.5...........................................	ad No 31, 2013
r 9.6...........................................	ad No 31, 2013
am F2024L00525
Division 3
Subdivision A
r 9.7...........................................	ad No 31, 2013
rs F2020L00997
r 9.8...........................................	ad No 31, 2013
am F2024L00525
r 9.9...........................................	ad No 31, 2013
r 9.10.........................................	ad No 31, 2013
r 9.11.........................................	ad No 31, 2013
r 9.12.........................................	ad No 31, 2013
r 9.13.........................................	ad No 31, 2013
r 9.14.........................................	ad No 31, 2013
Subdivision B
r 9.15.........................................	ad No 31, 2013
am F2018L01435
r 9.15A......................................	ad F2018L01435
r 9.15B.......................................	ad F2018L01435
Subdivision C
r 9.16.........................................	ad No 31, 2013
r 9.17.........................................	ad No 31, 2013
r 9.18.........................................	ad No 31, 2013
r 9.18A......................................	ad F2024L00525
Division 4
r 9.19.........................................	ad No 31, 2013
Division 5
r 9.20.........................................	ad No 31, 2013
Division 6
r 9.21.........................................	ad No 31, 2013
r 9.22.........................................	ad No 31, 2013
r 9.23.........................................	ad No 31, 2013
Part 10
r 10.1.........................................	am No 247, 2001
r 10.4.........................................	am F2018L01435; F2024L00525
r 10.5.........................................	am F2018L01435
Part 11
r 11.1.........................................	am No 66, 2012
r 11.3.........................................	am F2018L01435
Part 13
r 13.1A......................................	ad No 31, 2013
am No 90, 2015; F2018L01435
r 13.1.........................................	rs 2001 No 247; No 31, 2013
r 13.2.........................................	am 1999 No 186
rs No 31, 2013
r 13.3.........................................	ad No 31, 2013
r 13.4.........................................	ad No 31, 2013
am No 90, 2015
r 13.5.........................................	ad No 31, 2013
am No 90, 2015; F2024L00294
r 13.3.........................................	am 1999 No 186
renum r 13.6...............................	No 31, 2013
r 13.6.........................................	am No 90, 2015
r 13.4
renum r 13.7...............................	No 31, 2013
r 13.5
renum r 13.8...............................	No 31, 2013
r 13.6
renum r 13.9...............................	No 31, 2013
Part 16
r 16.2.........................................	rs 2007 No 40
r 16.3.........................................	am F2024L00525
r 16.4.........................................	am F2024L00525
r 16.5.........................................	am F2024L00525
r 16.6.........................................	am F2024L00297
r 16.7.........................................	am No 31, 2013
rs F2024L00525
am F2024L01299
r 16.7A......................................	ad F2024L00525
r 16.10.......................................	rs 2007 No 40
am No 31, 2013; F2024L00525; F2024L01299
r 16.10A.....................................	ad 2001 No 247
am 2007 No 40
r 16.11.......................................	am 2007 No 40
r 16.12.......................................	ad 2007 No 40
am F2024L00525
Part 17
r 17.2.........................................	ad 2001 No 33
Part 17A
Part 17A.....................................	ad 2001 No 33
Division 1
r 17A.1......................................	ad 2001 No 33
r 17A.2......................................	ad 2001 No 33
am 2001 No 247; 2007 No 40; 2011 No 62; F2020L00997
r 17A.3......................................	ad 2001 No 33
r 17A.4......................................	ad 2001 No 33
am 2007 No 40
Division 2
r 17A.5......................................	ad 2001 No 33
r 17A.6......................................	ad 2001 No 33
am F2020L00997
r 17A.7......................................	ad 2001 No 33
r 17A.8......................................	ad 2001 No 33
am F2020L00997
r 17A.9......................................	ad 2001 No 33
am 2007 No 40
r 17A.10.....................................	ad 2001 No 33
am 2007 No 40
Division 3
Subdivision 1
r 17A.11.....................................	ad 2001 No 33
r 17A.12.....................................	ad 2001 No 33
r 17A.13.....................................	ad 2001 No 33
r 17A.14.....................................	ad 2001 No 33
am 2007 No 40; F2016L01754
r 17A.14A..................................	ad 2007 No 40
am F2020L00997
r 17A.15.....................................	ad 2001 No 33
am F2020L00997
r 17A.16.....................................	ad No 33, 2001
am F2016L01754; F2020L00997
r 17A.17.....................................	ad No 33, 2001
am F2016L01754
r 17A.18.....................................	ad No 33, 2001
am F2018L01435
r 17A.19.....................................	ad No 33, 2001
am F2018L01435
r 17A.20.....................................	ad No 33, 2001
r 17A.21.....................................	ad No 33, 2001
am No 40, 2007; No 31, 2013; F2018L01435; F2024L00297; F2024L01299
r 17A.22.....................................	ad No 33, 2001
am No 31, 2013; F2018L01435; F2024L00297; F2024L01299
r 17A.23.....................................	ad No 33, 2001
r 17A.24.....................................	ad No 33, 2001
r 17A.25.....................................	ad No 33, 2001
am No 62, 2011; F2018L01435; F2020L00997; F2024L00525
r 17A.26.....................................	ad No 33, 2001
r 17A.27.....................................	ad No 33, 2001
am No 40, 2007
Subdivision 2
r 17A.28.....................................	ad No 33, 2001
am No 40, 2007; No 31, 2013
Subdivision 3 heading..................	rep No 31, 2013
Subdivision C
Subdivision C.............................	ad No 31, 2013
r 17A.29.....................................	ad No 33, 2001
rs No 31, 2013
r 17A.30.....................................	ad No 33, 2001
am No 247, 2001
rs No 31, 2013
rep F2018L01435
r 17A.31.....................................	ad 2001 No 33
am 2006 No 356
rs No 31, 2013
r 17A.32.....................................	ad 2001 No 33
rs No 31, 2013
am F2020L00997
r 17A.33.....................................	ad 2001 No 33
am 2007 No 40; 2011 No 62
rs No 31, 2013
am No 88, 2015; F2024L00525
r 17A.34.....................................	ad 2001 No 33
am 2007 No 40
rs No 31, 2013
r 17A.34A..................................	ad No 31, 2013
r 17A.34B..................................	ad No 31, 2013
am No 88, 2015; F2024L01299
r 17A.34C..................................	ad No 31, 2013
r 17A.34D..................................	ad No 31, 2013
r 17A.34E...................................	ad No 31, 2013
r 17A.34F...................................	ad No 31, 2013
r 17A.34G..................................	ad No 31, 2013
r 17A.34H..................................	ad No 31, 2013
am No 88, 2015; F2016L01754; F2018L01435
r 17A.34HA................................	ad F2018L01435
r 17A.34HB................................	ad F2018L01435
r 17A.34J...................................	ad No 31, 2013
r 17A.34K..................................	ad No 31, 2013
r 17A.34L...................................	ad No 31, 2013
r 17A.34M..................................	ad No 31, 2013
am No 88, 2015
r 17A.34N..................................	ad No 31, 2013
r 17A.34P...................................	ad No 31, 2013
r 17A.34Q..................................	ad No 31, 2013
r 17A.35.....................................	ad No 33, 2001
rs No 31, 2013
Subdivision 3A
r 17A.35A..................................	ad No 40, 2007
r 17A.35B..................................	ad No 40, 2007
am F2020L00997
Subdivision 4
r 17A.36.....................................	ad No 33, 2001
am No 40, 2007; No 88, 2015; F2018L01435
r 17A.37.....................................	ad No 33, 2001
am F2016L01754; F2024L00525
r 17A.38.....................................	ad No 33, 2001
am No 40, 2007
Division 4
r 17A.39.....................................	ad No 33, 2001
am No 40, 2007; No 88, 2015; F2018L01435
r 17A.40.....................................	ad No 33, 2001
Division 5
Subdivision 1
Subdivision 1 heading..................	ad No 40, 2007
r 17A.41.....................................	ad No 33, 2001
r 17A.41A..................................	ad No 40, 2007
am F2020L00997
r 17A.42.....................................	ad No 33, 2001
am No 247, 2001
Subdivision 2
r 17A.42A..................................	ad No 40, 2007
am F2018L01435
r 17A.42B..................................	ad No 40, 2007
am F2016L01754
r 17A.42C..................................	ad No 40, 2007
r 17A.42D..................................	ad No 40, 2007
r 17A.42E...................................	ad No 40, 2007
am No 90, 2015
r 17A.42F...................................	ad No 40, 2007
am No 31, 2013
Subdivision 3
Subdivision 3 heading..................	ad No 40, 2007
r 17A.43.....................................	ad No 33, 2001
am No 40, 2007
r 17A.44.....................................	ad No 33, 2001
am No 40, 2007
r 17A.45.....................................	ad No 33, 2001
am No 247, 2001; No 356, 2006; No 40, 2007; F2018L01435
r 17A.46.....................................	ad No 33, 2001
r 17A.47.....................................	ad No 33, 2001
Subdivision 4 heading..................	ad No 40, 2007
rep No 31, 2013
Subdivision D
Subdivision D.............................	ad No 31, 2013
r 17A.48.....................................	ad No 33, 2001
am No 247, 2001; No 356, 2006; No 40, 2007; No 62, 2011
rs No 31, 2013
r 17A.48A..................................	ad No 31, 2013
rep F2018L01435
r 17A.48B..................................	ad No 31, 2013
r 17A.48C..................................	ad No 31, 2013
r 17A.48D..................................	ad No 31, 2013
am F2018L01435
r 17A.48E...................................	ad No 31, 2013
am F2024L00525
r 17A.48F...................................	ad No 31, 2013
r 17A.48G..................................	ad No 31, 2013
am F2024L00525
r 17A.48H..................................	ad No 31, 2013
am F2016L01754
r 17A.48J...................................	ad No 31, 2013
r 17A.48K..................................	ad No 31, 2013
r 17A.48L...................................	ad No 31, 2013
r 17A.48M..................................	ad No 31, 2013
r 17A.48N..................................	ad No 31, 2013
r 17A.48P...................................	ad No 31, 2013
r 17A.48Q..................................	ad No 31, 2013
am F2018L01435
r 17A.48QA................................	ad F2018L01435
r 17A.48QB................................	ad F2018L01435
r 17A.48R..................................	ad No 31, 2013
r 17A.48S...................................	ad No 31, 2013
r 17A.48T...................................	ad No 31, 2013
r 17A.48U..................................	ad No 31, 2013
r 17A.48V..................................	ad No 31, 2013
r 17A.48W.................................	ad No 31, 2013
r 17A.48X..................................	ad No 31, 2013
r 17A.48Y..................................	ad No 31, 2013
r 17A.48Z...................................	ad No 31, 2013
Division 6
r 17A.49.....................................	ad No 33, 2001
r 17A.50.....................................	ad No 33, 2001
am No 247, 2001; F2016L01754; F2020L00997
Division 7
r 17A.51.....................................	ad No 33, 2001
r 17A.52.....................................	ad No 33, 2001
am No 40, 2007
r 17A.53.....................................	ad No 33, 2001
am No 40, 2007
Division 8
r 17A.54.....................................	ad No 33, 2001
am F2020L00997
r 17A.55.....................................	ad No 33, 2001
Division 9
r 17A.56.....................................	ad No 33, 2001
am No 247, 2001
r 17A.57.....................................	ad No 33, 2001
am No 247, 2001; F2020L00997
r 17A.58.....................................	ad No 33, 2001
am No 247, 2001; F2020L00997; F2024L00297
r 17A.58A..................................	ad No 247, 2001
am F2020L00997; F2024L00297
r 17A.59.....................................	ad No 33, 2001
am No 247, 2001; F2018L01435; F2020L00997
r 17A.60.....................................	ad No 33, 2001
am No 247, 2001
Division 10
r 17A.61.....................................	ad 2001 No 33
am 2012 No 66
r 17A.62.....................................	ad 2001 No 33
r 17A.63.....................................	ad 2001 No 33
r 17A.64.....................................	ad 2001 No 33
r 17A.65.....................................	ad 2001 No 33
Division 11
r 17A.66.....................................	ad 2001 No 33
am 2011 No 62; F2020L00997
r 17A.67.....................................	ad 2001 No 33
r 17A.68.....................................	ad 2001 No 33
r 17A.69.....................................	ad 2001 No 33
am F2020L00997
r 17A.70.....................................	ad 2001 No 33
r 17A.71.....................................	ad 2001 No 33
r 17A.72.....................................	ad 2007 No 40
r 17A.73.....................................	ad 2007 No 40
am F2018L01435
r 17A.74.....................................	ad No 62, 2011
am F2016L01754; F2018L01435
Part 19
r 19.1.........................................	am 1999 No 186; No 31, 2013
r 19.2.........................................	rs 1998 No 258
Part 20
Part 20.......................................	ad 1998 No 346
rs 2008 No 122
Division 1
r 20.1A......................................	ad No 31, 2013
r 20.1.........................................	ad No 346, 1998
am No 185, 2001
rs No 122, 2008
am No 31, 2013; F2016L01754
Division 2
r 20.2.........................................	ad 1998 No 346
rs 2008 No 122
r 20.3.........................................	ad 1998 No 346
am 2002 No 173
rs 2008 No 122
am 2009 No 150; 2012 No 66
r 20.4.........................................	ad 1998 No 346
rs 2008 No 122
r 20.5.........................................	ad 1998 No 346
rs 2008 No 122
r 20.6.........................................	ad No 346, 1998
rs No 122, 2008
am F2016L01754
r 20.7.........................................	ad 1998 No 346
am 2002 No 173
rs 2008 No 122
r 20.8.........................................	ad1998 No 346
am 2002 No 173; 2002 No 318
rs 2008 No 122
am 2009 No 150
r 20.9.........................................	ad 1998 No 346
am 1999 No 153; 2002 No 173; 2002 No 318
rs 2008 No 122
r 20.10.......................................	ad 1998 No 346
rs 2008 No 122
r 20.11.......................................

ad No 346, 1998
rs No 122, 2008
am F2016L01754
Division 3
r 20.12.......................................	ad 2008 No 122
Division 4
r 20.13.......................................	ad 2008 No 122
Division 5
Division 5 heading......................	rs No 31, 2013
r 20.14.......................................	ad 2008 No 122
am No 31, 2013; No 88, 2015
Division 5A
Division 5A................................	ad No 31, 2013
r 20.14A.....................................	ad No 31, 2013
r 20.14B.....................................	ad No 31, 2013
Division 6
r 20.15.......................................	ad No 122, 2008
am No 88, 2015; F2016L01754
Division 7
r 20.16.......................................	ad 2008 No 122
Part 20A
Part 20A.....................................	ad No 31, 2013
Division 1
r 20A.1......................................	ad No 31, 2013
r 20A.2......................................	ad No 31, 2013
Division 2
r 20A.3......................................	ad No 31, 2013
r 20A.4......................................	ad No 31, 2013
Division 3
r 20A.5......................................	ad No 31, 2013
Division 4
r 20A.6......................................	ad No 31, 2013
r 20A.7......................................	ad No 31, 2013
r 20A.8......................................	ad No 31, 2013
Division 5
Subdivision A
r 20A.9......................................	ad No 31, 2013
r 20A.10.....................................	ad No 31, 2013
am F2016L01754
Subdivision B
r 20A.11.....................................	ad No 31, 2013
rs F2016L01754
r 20A.11A..................................	ad F2016L01754
r 20A.11B..................................	ad F2016L01754
r 20A.11C..................................	ad F2016L01754
r 20A.11D..................................	ad F2016L01754
r 20A.12.....................................	ad No 31, 2013
am F2016L01754
r 20A.13.....................................	ad No 31, 2013
am F2016L01754
r 20A.14.....................................	ad No 31, 2013
am F2016L01754
r 20A.15.....................................	ad No 31, 2013
am F2016L01754
r 20A.16.....................................	ad No 31, 2013
am F2016L01754
r 20A.17.....................................	ad No 31, 2013
am F2016L01754
r 20A.18.....................................	ad No 31, 2013
am F2016L01754
r 20A.19.....................................	ad No 31, 2013
am F2016L01754; F2024L00525
r 20A.20.....................................	ad No 31, 2013
am F2016L01754
r 20A.21.....................................	ad No 31, 2013
am F2016L01754
Division 6
r 20A.22.....................................	ad No 31, 2013
Part 21
Division 1
r 21.1.........................................	am No 66, 2012
r 21.2.........................................	am No 343, 1998; No 332, 2009
rs F2018L01435
r 21.3.........................................	am No 343, 1998
r 21.3A......................................	ad F2024L00525
r 21.3B.......................................	ad F2024L00525
r 21.3C.......................................	ad F2024L00525
r 21.4.........................................	am No 211, 2005
rs F2018L01435
r 21.5.........................................	am No 31, 2013; F2018L01435
r 21.5A......................................	ad F2018L01435
r 21.6.........................................	am No 346, 1998; No 150, 2009
rs No 66, 2012
am F2016L01754
r 21.7A......................................	ad F2016L01754
r 21.9.........................................	am F2018L01435
r 21.10.......................................	rs F2018L01435
am F2024L00525
r 21.11A.....................................	ad No 40, 2007
Division 2
r 21.13.......................................	am No 247, 2001; No 214, 2003
rs No 31, 2013
r 21.14.......................................	am No 88, 2015; F2018L01435
r 21.15.......................................	rs No 31, 2013
r 21.16.......................................	rs No 31, 2013
am F2018L01435
r 21.17.......................................	am F2018L01435
r 21.18.......................................	rep F2018L01435
Division 2A
Division 2A................................	ad No 31, 2013
r 21.20A.....................................	ad No 31, 2013
r 21.20AA..................................	ad F2024L00525
r 21.20B.....................................	ad No 31, 2013
am F2024L00525
r 21.20C.....................................	ad No 31, 2013
r 21.20D.....................................	ad No 31, 2013
r 21.20E.....................................	ad No 31, 2013
r 21.20F.....................................	ad No 31, 2013
r 21.20G.....................................	ad No 31, 2013
Division 3
r 21.21.......................................	am No 265, 1998; No 247, 2001; No 173, 2002; No 66, 2012; F2020L00997; F2024L00525
r 21.21AA..................................	ad No 66, 2012
rep F2018L01435
r 21.21A.....................................	ad No 40, 2007
am No 88, 2015; No 90, 2015
r 21.22.......................................	am No 343, 1998; No 186, 1999; No 90, 2015; F2018L01435; F2024L00525
r 21.23.......................................	am No 186, 1999
rs No 211, 2005
am No 40, 2007; No 90, 2015
r 21.23A.....................................	ad F2020L00703
r 21.24.......................................	am No 214, 2003
r 21.24A.....................................	ad No 40, 2007
am No 31, 2013
r 21.24B.....................................	ad No 40, 2007
am No 62, 2011; No 217, 2011; F2024L00525
r 21.24C.....................................	ad No 40, 2007
r 21.26.......................................	rep No 31, 2013
r 21.27.......................................	rep No 31, 2013
r 21.28.......................................	am No 186, 1999; No 247, 2001; No 52, 2005; No 211, 2005; No 40, 2007; No 122, 2008; No 31, 2013; No 88, 2015; F2018L01435; F2024L00525
r 21.29.......................................	am No 186, 1999; No 31, 2013
r 21.30.......................................	rs No 346, 1998
r 21.32.......................................	rep No 88, 2015
r 21.33.......................................	am F2018L01435
r 21.35.......................................	ad No 346, 1998
am No 122, 2008; No 31, 2013 (md); F2016L01754; F2024L01299
Part 22
Part 22 heading...........................	rs F2018L01435
Division 1
Division 1 heading......................	ad No 31, 2013
r 22.1.........................................	am No 3, 1996
r 22.2.........................................	am No 346, 1997
r 22.4.........................................	am No 3, 1996
r 22.6.........................................	ad No 3, 1996
r 22.7.........................................	ad No 346, 1998
am No 66, 2012
r 22.8.........................................	ad No 346, 1998
am No 66, 2012
Division 2
Division 2..................................	ad No 31, 2013
r 22.9.........................................	ad No 31, 2013
r 22.10.......................................	ad No 90, 2015
r 22.11.......................................	ad F2016L00694
r 22.12.......................................	ad F2016L01306
r 22.13.......................................	ad F2016L01754
Division 3
Division 3..................................	ad F2016L01754
r 22.14.......................................	ad F2016L01754
r 22.15.......................................	ad F2016L01754
r 22.16.......................................	ad F2016L01754
r 22.17.......................................	ad F2016L01754
Division 4
Division 4..................................	ad F2018L01435
r 22.18.......................................	ad F2018L01435
r 22.19.......................................	ad F2018L01435
r 22.20.......................................	ad F2018L01435
r 22.21.......................................	ad F2018L01435
r 22.22.......................................	ad F2018L01435
r 22.23.......................................	ad F2018L01435
r 22.24.......................................	ad F2018L01435
Division 5
Division 5..................................	ad F2020L00997
r 22.25.......................................	ad F2020L00997
Division 6
Division 6..................................	ad F2024L00525
r 22.26.......................................	ad F2024L00525
r 22.27.......................................	ad F2024L00525
r 22.28.......................................	ad F2024L00525
r 22.29.......................................	ad F2024L00525
Division 7
Division 7..................................	ad F2024L01093
r 22.30.......................................	ad F2024L01093
Schedule 1
Schedule 1..................................	am No 272, 1996; No 247, 2001; No 356, 2006; No 217, 2011; F2016L01754; F2024L00525
Schedule 3
Schedule 3..................................	am No 186, 1999
rs No 31, 2013
am No 90, 2015; F2016L01754
Schedule 4
Schedule 4..................................	am No 186, 1999
rs No 31, 2013
am No 90, 2015; F2016L01754
Schedule 5
Schedule 5..................................	am No 186, 1999
rs No 31, 2013
am No 90, 2015; F2016L01754
Schedule 6
Schedule 6..................................	am No 3, 1996
rs No 258, 1998
Schedule 7
Schedule 7 heading......................	rs No 343, 1998
Schedule 7..................................	am No 343, 1998; No 88, 2015
rep F2018L01435
Schedule 8
Schedule 8..................................	am No 346, 1998; No 186, 1999; No 355, 2006; No 31, 2013; F2018L01435; F2024L01093
Schedule 9
Schedule 9 heading......................	rs F2016L01306
Schedule 9..................................	am No 3, 1996
rs No 346, 1997
am No 265, 1998; No 346, 1998; No 33, 2001; No 247, 2001
rs No 173, 2002
am No 211, 2005; No 355, 2006; No 40, 2007; No 122, 2008
rs No 66, 2012
am No 31, 2013; No 88, 2015; F2016L00694; F2016L01306; F2018L01435; F2020L00997
ed C46
am F2024L00525; F2024L01093
Schedule 10................................	am No 3, 1996
rs No 272, 1996; No 346, 1997
am No 258, 1998; No 343, 1998; No 350, 1999; No 173, 2002; No 318, 2002; No 24, 2004; No 194, 2004; No 52, 2005; No 40, 2007; No 279, 2008; No 66, 2012
rep No 31, 2013