EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO. 13
Issued by the Authority of the Minister for Science
This amendment to the Trade Marks Regulations prescribes “AUSTRALIA CARD” as a prohibited mark for the purposes of paragraph 29(1)(h) and sub-section 29(2) of the Trade Marks Act 1955.
The Fifth Schedule to the Regulations is amended by inserting after “ANZAC” the words “AUSTRALIA CARD” in Part II of the Schedule. The effect is that “AUSTRALIA CARD” will be a prohibited mark for the purposes of paragraph 29(1)(h) of the Act and its use as a trade mark or as part of a trade mark (except where the expression has previously been registered as a trade mark or used in good faith as a trade mark) will be prohibited under sub-section 29(2) after this regulation comes into force.
Paragraph 29(1)(h) of the Act provides that the Registrar of Trade Marks may refuse to accept an application for the registration of a trade mark which contains or consists of a mark, or a mark so nearly resembling such a mark as to be likely to be taken for that mark, which is specified in the regulations as being, for the purposes of the section, a prohibited mark. Sub-section 29(2) provides that the regulations may provide that a mark to which sub-section 29(1) applies (not being a registered trade mark or a mark in use in good faith as a trade mark) shall not be used as a trade mark or as part of a trade mark, either at all or after a date specified in the regulations.
Sub-regulation 13(1) of the Trade Marks Regulations made under the Act prescribe that each of the marks specified in Part I and in Part II of the Fifth Schedule is a prohibited mark. Sub-regulation 13(2) of the Regulations provides that a mark specified in Part II of the Fifth Schedule, not being a registered trade mark or a mark in use in good faith as a trade mark, shall not be used as a trade mark or part of a trade mark.
SR 14/87