CTHRepealedAct
Trade Marks Act 1994
Part 21THE REGISTER AND OFFICIAL DOCUMENTS
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PART 21—THE REGISTER AND OFFICIAL DOCUMENTS
The Register
215.(1) A Register of Trade Marks is to be kept at the Trade Marks Office.
(2) The Registrar must enter in the Register in accordance with this Act:
(a) all particulars of registered trade marks, certification trade marks and defensive trade marks, and all other matters, that were on the old register when the repealed Act was repealed; and
(b) particulars of all trade marks, certification trade marks, collective trade marks and defensive trade marks that are to be registered under this Act; and
(c) other prescribed matters.
(3) All particulars entered in the Register under paragraph (2)(a) are taken to have been so entered on the commencing day.
Register may be kept on computer
216.(1) The Register may be kept in whole or in part by using a computer.
(2) Any record of a particular or other matter made by using a computer for the purpose of keeping the Register is taken to be an entry in the Register.
Inspection of Register
217.(1) The Register must be available at the Trade Marks Office for inspection by any person during the hours when the Office is open for business.
(2) If the Register, or any part of the Register, is kept by using a computer, subsection (1) is satisfied if a person who wants to inspect the Register or that part of the Register is given access to a computer terminal from which he or she can read on a screen, or obtain a printed copy of, the particulars or other matters recorded in the Register or that part of the Register.
Documents and records open to inspection
218\. (1) Any document or record that is:
(a) held in the Trade Marks Office; and
(b) relates to a trade mark (whether registered or not);
is available for inspection by any person during the hours when the Office is open for business.
(2) Subsection (1) does not apply to any document or record that is, under the regulations, an exempt document or record for the purposes of that subsection.
Evidence—the Register
219.(1) The Register is evidence of any particular or other matter entered in it.
(2) A copy of, or an extract from, the Register that is certified by the Registrar to be a true record or extract is admissible in any proceedings as if it were the original.
(3) If the Register or a part of the Register is kept by using a computer, a document certified by the Registrar as reproducing in writing a computer record of all or any of the particulars comprised in the Register or in that part of the Register is admissible in any proceedings as evidence of those particulars.
Evidence—certified copies of documents
220.(1) A certificate signed by the Registrar and stating that:
(a) anything required or permitted to be done by the Act or the repealed Act was done or not done on, or had been done or not been done by, a specified date; or
(b) anything prohibited by the Act or the repealed Act was done or not done on, or had been done or not been done by, a specified date; or
(c) a document was available for public inspection at the Trade Marks Office on a specified date or during a specified period:
is evidence of the matters so stated.
(2) A copy of, or an extract from, a document held in the Trade Marks Office that is certified by the Registrar to be a true copy or extract is admissible in any proceedings as if it were the original.