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 (b) the applicant claimed a right of priority for the registration under section 27; and (c) the trade mark is registered under this Act; the registration of the trade mark is taken to have had effect: (d) if an application to register the trade mark was made in only one Convention country—from (and including) the day on which the application was made in that country; or (e) if applications to register the trade mark were made in more than one Convention country—from (and including) the day on which the earliest of those applications was made. (3) Unless it is earlier cancelled, or the trade mark is earlier removed from the Register, the registration of the trade mark expires 10 years after the filing date in respect of the application for its registration. Note: This is so even for a trade mark whose registration has effect from (and including) the day on which an application was made in a Convention country. Ceasing of registration 74. The registration of a trade mark ceases if: (a) the trade mark is taken to have been removed from the Register under section 79 or Part 9; or (b) the registration of the trade mark is cancelled. Disclaimers 75.(1) An applicant for the registration of a trade mark, or the registered owner of a registered trade mark, may, by notice given to the Registrar, disclaim any exclusive right to use, or authorise the use of, a specified part of a trade mark. (2) The disclaimer affects only the rights given by this Act to the registered owner of the trade mark on registration of the trade mark. (3) The Registrar must, on registering the trade mark or on receiving notice of the disclaimer (whichever is later), enter the particulars of the disclaimer in the Register in accordance with the regulations. (4) A disclaimer properly made and remaining in the Register may not be revoked Division 2—Renewal of registration Request for renewal 76.(1) Any person may, within the prescribed period before the registration of a trade mark expires, request the Registrar to renew the registration. (2) The request must: (b) be filed in accordance with the regulations. Notice of renewal due 77. If, at the beginning of the prescribed period, the Registrar has not received a request for the renewal of the trade mark, the Registrar must, in accordance with the regulations, notify the registered owner of the trade mark that the renewal is due. Renewal 78.(1) If a request for the renewal of the registration of a trade mark is made in accordance with the regulations, the Registrar must renew the registration for a period of 10 years from the day on which the registration of the trade mark would expire if it were not renewed. (2) The Registrar must give notice of the renewal to the registered owner of the trade mark in accordance with the regulations. Failure to renew—entry in Register 79. If the registration of a trade mark is not renewed, then: (a) subject to subsection 80(1), the registration ceases to have effect when it expires; and (b) the Registrar must remove the trade mark from the Register. Restoration off trade mark to Register 80.(1) If a trade mark is removed from the Register under section 79, the Registrar may, within the prescribed period: (a) restore the trade mark to the Register; and (b) renew the registration of the trade mark for 10 years from the day on which the registration of the trade mark expired; if the Registrar is satisfied that it is just to do so. (2) The renewal may be subject to any conditions or limitations that the Registrar thinks fit to impose. (3) The Registrar must give notice of his or her decision in accordance with the regulations. (4) An application may be made to the Administrative Appeals Tribunal for the review of a decision of the Registrar tinder this section. Status of unrenewed trade mark 81. If: (a) the registration of a trade mark (“unrenewed trade mark”) has not been renewed; and (b) within the prescribed period after the registration expired, an application for the registration of a trade mark is made by a person other than the person who was registered as the owner of the unrenewed trade mark; the unrenewed trade mark is taken to be a registered trade mark for the purposes of the application unless the Registrar is satisfied that: (c) there has been no use in good faith of the unrenewed trade mark during the 2 years immediately before its registration expired; or (d) no deception or confusion is likely to arise from the use of the trade mark whose registration is sought because of any previous use of the unrenewed trade mark.