Trade Marks Amendment Act 2006
No. 114, 2006
An Act to amend the Trade Marks Act 1995, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Part 1—Amendments commencing on Royal Assent
Trade Marks Act 1995
Part 2—Amendments commencing on Proclamation
Trade Marks Act 1995
Part 3—Minor and technical amendments
Trade Marks Act 1995
Trade Marks Amendment Act 2006
No. 114, 2006
An Act to amend the Trade Marks Act 1995, and for related purposes
[Assented to 23 October 2006]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Trade Marks Amendment Act 2006.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 23 October 2006 |
2. Schedule 1, Part 1 | The day on which this Act receives the Royal Assent. | 23 October 2006 |
3. Schedule 1, Part 2 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 27 March 2007 (see F2007L00392) |
4. Schedule 1, Part 3 | The day on which this Act receives the Royal Assent. | 23 October 2006 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Part 1—Amendments commencing on Royal Assent
Trade Marks Act 1995
1 Readers guide (after the material relating to Parts 15, 16 and 17 in the summary of the Act)
Insert:
Part 17A: Enables the making of regulations to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the Madrid Protocol. Those regulations prevail over this Act to the extent of any inconsistency.
2 Readers guide (list of terms defined in section 6)
Insert the following terms in their appropriate alphabetical positions:
“month”
“registered trade marks attorney”
“working day”.
3 Section 6
Overview
The Trade Marks Amendment Act 2006 (No. 114, 2006) was enacted by the Parliament of Australia to amend the Trade Marks Act 1995, addressing various issues and gaps in the existing trade mark legislation. The Act introduces a range of amendments, including changes to the definition of terms, modifications to application processes, and adjustments to opposition and revocation procedures. It also incorporates provisions related to the Madrid Protocol, which facilitates international registration of trade marks. The amendments are designed to enhance the efficiency and effectiveness of the trade mark registration system, ensuring it remains aligned with international standards and practices. The policy objective behind these amendments is to streamline the trade mark registration process, reduce the potential for conflicts and disputes, and support Australia's obligations under international trade agreements.
Scope and Application
The Trade Marks Amendment Act 2006 amends the Trade Marks Act 1995, applying to individuals, businesses, and entities that engage in the registration, use, and enforcement of trade marks within Australia. The amendments introduced by this Act cover a wide range of aspects related to trade mark law, including definitions, application processes, opposition procedures, and enforcement mechanisms. These changes aim to enhance the efficiency and fairness of the trade mark registration system, aligning it with international standards and addressing specific legal issues identified in the original Act. The Act's provisions generally apply across Australia, covering both new applications and existing registrations. Some amendments have specific commencement dates, with certain provisions taking effect on Royal Assent and others on a date to be fixed by proclamation. Notably, the Act includes provisions for the Madrid Protocol, enabling the performance of Australia's obligations under this international agreement. There are no explicit exclusions stated in the Act, but its application may be limited by the specific conditions and thresholds set within its provisions. Subordinate instruments may further extend or restrict the application of the Act's provisions.
Key Provisions
- The Trade Marks Amendment Act 2006 amends the Trade Marks Act 1995 to introduce several significant changes to the registration and protection of trade marks in Australia. Key provisions include enabling the making of regulations under the Madrid Protocol (section 17A), defining new terms such as "month" and "registered trade marks attorney" (section 6 and Schedule 1, items 2, 3), and modifying the calculation of periods expressed in months (section 6A). The Act also adjusts the conditions for the registration of trade marks, including the ability to enforce equities against the registered owner (section 22(3)) and allowing applications for collective trade marks to be made without requiring the applicant to have legal personality (section 27(2A)). Furthermore, the Act introduces new grounds for opposing the registration of trade marks, such as bad faith application (section 62A) and earlier use of a similar trade mark (section 58A).
- The Trade Marks Amendment Act 2006 imposes obligations on parties such as the Registrar to consider the public interest when making applications for trade mark registration (section 88A) and to not remove a trade mark from the Register without considering its use by the registered owner (section 101(4)). It also requires the Registrar to comply with court orders made under this Division (section 90(3)) and to take certain actions when dealing with divisional and series applications (sections 45-46, 51A, 82A). Additionally, the Act outlines the procedures for amending applications after the publication of particulars (sections 65-66A) and the requirements for objecting to the registration of trade marks (sections 132-133).
- For breaches of the provisions under this Act, penalties and consequences may include fines and imprisonment, although specific penalties are not detailed within the text of this Act. The Act provides for both civil and criminal actions against the Registrar, Deputy Registrar, or employees for the publication of information required or permitted under this Act, provided it is done reasonably and in good faith (section 226B). Furthermore, failure to comply with undertakings or security given in relation to seized goods can result in debts owed to the Commonwealth, which may be recovered through court action (sections 141A(2)-(3)).
- Area of Law
- Intellectual Property Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
- Licensing & Registration
- Reporting & Disclosure Obligations
- Enforcement Powers