Part 7REGISTRATION OF TRADE MARKS

PART 7—REGISTRATION OF TRADE MARKS

Division 1—Initial registration

Obligation to register

69.(1) The Registrar must, within the prescribed period, register a trade mark that has been accepted for registration:

(a) if there has been no opposition to the registration; or

(b) if there has been an opposition—if the Registrar’s decision, or (in the case of an appeal against the Registrar’s decision) the decision on appeal, is that the trade mark should be registered.

Otherwise, the application for the registration of the trade mark lapses.

(2) On registering the trade mark, the Registrar must give it a number by which it may be identified.

Registration—how effected

70.(1) The trade mark must be registered:

(a) in the name of the applicant for registration; and

(b) in respect of the goods and services specified in the application at the time of registration; and

(c) subject to the conditions (if any) and the limitations (if any) imposed by the Registrar in accepting the application for registration or deciding to register the trade mark.

The Registrar must enter these particulars in the Register.

(2) The Registrar must also enter in the Register:

(a) a representation in writing of the trade mark; and

(b) its registration number; and

(c) any other particulars that are prescribed.

(3) If 2 or more persons applied together for the registration of the trade mark (see section 26), the applicants must be registered as joint owners of the trade mark.

Colours in registered trade marks

71.(1) A trade mark may be registered with limitations as to colour.

(2) The limitations may be in respect of the whole, or a part, of the trade mark.

(3) To the extent that a trade mark is registered without limitations as to colour, it is taken to be registered for all colours.

Notification of registration

72. As soon as practicable after the registration of a trade mark, the Registrar must:

(a) advertise the registration in the Official journal; and

(b) give to the registered owner of the trade mark a certificate of registration in an approved form

Date and term of registration

73.(1) Subject to subsection (2), the registration of a trade mark is taken to have had effect from (and including) the filing date in respect of the application for registration.

(a) the application was in respect of a trade mark whose registration had also been sought in one or more than one Convention country; and