Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to this Part, the provisions of this Act relating to trade marks (other than Part 10--Assignment and Transmission of Trade Marks) apply to collective trade marks and so apply as if:
(a) a reference to a trade mark included a reference to a collective trade mark; and
(b) a reference to a person doing something for the registration of a trade mark included a reference to an association doing that thing for the registration of the collective trade mark; and
(c) a reference to a trade mark registered by a person included a reference to a collective trade mark registered by an association.
(2) For the purposes of this Act:
(a) the use of a collective trade mark by a member of the association that is the applicant for the registration of the collective trade mark is taken to be a use of the collective trade mark by the applicant; and
(b) the use of a registered collective trade mark by a member of the association that is the registered owner of the collective trade mark is taken to be a use of the collective trade mark by the registered owner.
(3) Section 41 (trade mark not distinguishing applicant's goods or services) applies in relation to a collective trade mark as if a reference to the applicant were a reference to the members of the association that applied for registration of the collective trade mark.