Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 260

  (1)   If, immediately before 1   January 1996, the address for service of an applicant for the registration of a trade mark, or of an opponent to the registration, under subsection   132(1) or (2) of the repealed Act ( existing address ) was an address in Australia, that address remains the address for service of the applicant or opponent for the purposes of this Act until he or she notifies another address to the Registrar under section   215.

Note:   For applicant and opponent see section   6.

  (2)   If the existing address of an applicant for the registration of a trade mark or of an opponent to the registration is not an address in Australia, the applicant or opponent must give in writing to the Registrar an address in Australia as his or her address for service.

  (3)   If, immediately before 1   January 1996, the proprietor of an existing registered mark had an agent in Australia for the purposes of subsection   70(1) of the repealed Act, the address of that agent is the address for service of the registered owner of the mark for the purposes of this Act until the registered owner notifies another address to the Registrar under section   215.

Note:   For existing registered mark see section   6.

  (4)   If:

  (a)   immediately before 1   January 1996, the proprietor of an existing registered mark did not have an agent in Australia for the purposes of subsection   70(1) of the repealed Act; and

  (b)   the address then entered in the old register as the address of the proprietor was an address in Australia;

that address is the address for service of the registered owner of the mark for the purposes of this Act until the registered owner notifies another address to the Registrar under section   215.

Note:   For existing registered mark and old register see section   6.

  (5)   If:

  (a)   immediately before 1   January 1996, the proprietor of an existing registered mark did not have an agent in Australia for the purposes of subsection   70(1) of the repealed Act; and

  (b)   the address then entered in the old register as the address of the proprietor was not an address in Australia;

that address is not to be used as the address for service of the registered owner of the mark, and the registered owner must give in writing to the Registrar an address in Australia as his or her address for service.

Note:   For existing registered mark and old register see section   6.