51Cancellation—business name used in infringement of trade mark

#### 51 Cancellation—business name used in infringement of trade mark (1) To avoid doubt, the relief that a court may grant in an action for an infringement of a registered trade mark includes an order that the registration of a business name to an entity must be cancelled. (2) ASIC must cancel the registration of the business name to the entity if: (a) a copy of the court’s order is lodged with ASIC; and (b) ASIC is satisfied, within a reasonable period after the order is lodged, that: (i) no application for the stay of the order is pending; and (ii) no appeal of the order is pending; and (iii) the order is not stayed; and (iv) the order has not been overturned on appeal. (3) Nothing in this section limits any orders that a court may make (in an action for an infringement of trade mark or otherwise) in relation to the registration of a business name, or ASIC’s obligations under such orders.