Australian Capital Territory Numbered Acts

STOCK ACT 2005 (NO. 19 OF 2005) - SECT 16

    (1)     If the chief executive receives an application to register a mark, the chief executive must—

        (a)     register the mark; or

        (b)     refuse to register the mark.

    (2)     The chief executive must not register a mark if—

        (a)     the design of a mark registered under this Act —

              (i)     is the same as the design of the mark; or

              (ii)     might be confused with the design of the mark; or

              (iii)     may easily be changed to resemble the design of the mark; or

        (b)     the design and proposed method of application of the mark is not suitable for its purpose; or

        (c)     for a mark that is a permanent brand—the mark contains an alphanumeric or symbolic character that is—

              (i)     less than 35mm or more than 75mm in height; and

              (ii)     located less than 10mm from another character.

    (3)     If the chief executive registers a mark, the chief executive must—

        (a)     give the applicant a certificate of registration of the mark; and

        (b)     enter the mark in the appropriate stock register.

Note     If a form is approved under s 69 for a certificate, the form must be used.