Commonwealth Consolidated Acts

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BUSINESS NAMES REGISTRATION ACT 2011 - SECT 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.


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