Commonwealth Numbered Acts

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BUSINESS NAMES REGISTRATION ACT 2011 (NO. 126, 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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