Commonwealth Numbered Acts

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 5

  5. In this Act, unless the contrary intention appears:   "abandon", in
relation to a trade mark, has the meaning given by section 11;

"applicant", in relation to an application, means the person in whose name the
application is for the time being proceeding;

"applied to" and "applied in relation to" have the respective meanings given
in section 8;

"approved form" means a form approved by the Registrar for the purposes of the
provision in which the expression appears;

"assignment", in relation to a trade mark, means an assignment by act of the
parties concerned;

"associated trade marks" has the meaning given by section 10;

"association" does not include a body corporate;

"Australia" includes each external Territory;

"Australian continental shelf" means the continental shelf, within the meaning
of the Continental Shelf Convention, adjacent to the coast of Australia
(including the coast of any island forming part of a State or Territory);

"authorised use", in relation to a trade mark, has the meaning given by
section 7;

"certification trade mark" has the meaning given by section 177;

"collective trade mark" has the meaning given by section 170;

"commencing day" means the day on which this Act commences;

"Commission" means:

   (a)  the Trade Practices Commission established under the
        Trade Practices Act  1974 ; or

   (b)  a member of the Commission (within the meaning of that Act);

"Comptroller" means the Comptroller-General of Customs;

"Convention country" means a country declared (by regulations made under
section 235) to be a Convention country for the purposes of this Act;

"date of registration", in relation to a registered trade mark, means the day
from which the registration of the trade mark is taken to have had effect
under subsection 73(1) or (2);

"deceptively similar" has the meaning given by section 9;

"defensive trade mark" has the meaning given by section 193;

"Deputy Registrar" means a Deputy Registrar of Trade Marks;

"Designs Office" means the Designs Office established by the Designs Act 1906;

"designated owner", in relation to goods imported into Australia, means the
person identified as the owner of the goods on the entry made in relation to
the goods under section 68 of the Customs Act 1901;

"divisional application" means an application made under Division 3 of Part 4
for the registration of a trade mark;

"employee" means a person, other than the Registrar or a Deputy Registrar,
who:

   (a)  is an officer or employee within the meaning of the Public Service Act
        1922 and is performing duties in the Trade Marks Office, the
        Patent Office or the Designs Office; or

   (b)  is not such an officer or employee but performs services, for or on
        behalf of the Commonwealth, in the Trade Marks Office, the
        Patent Office or the Designs Office;

"examine", in relation to an application for the registration of a trade mark,
means to carry out an examination under section 30 in relation to the
application;

"existing registered mark" means a mark that was registered in Part A, B, C or
D of the old register immediately before the commencement of this Act;

"Federal Court" means the Federal Court of Australia;

"file" means to file at the Trade Marks Office; Note: See section 222;

"filing date" means:

   (a)  in relation to an application for the registration of a trade mark
        other than an application referred to in another paragraph of this
        definition-the day on which the application is filed; or

   (b)  in relation to a divisional application for the registration of a
        trade mark:

        (i)    if the Registrar has given a direction under section 50-the day
               on which the initial application (within the meaning of
               Division 3 of Part 4) was filed; or

        (ii)   if subparagraph (i) does not apply-the day on which the
               divisional application is filed; or

   (c)  in relation to an application to which section 249 applies-the day
        referred to in subsection 249(6); or

   (d)  in relation to an application made under section 251-the day referred
        to in subsection 251(3);

"geographical indication", in relation to wine or spirits originating in a
particular country or in a region or locality of that country, means a sign
recognised in that country as a sign indicating that the wine or spirits:

   (a)  originated in that country, region or locality; and

   (b)  have a quality, reputation or other characteristic attributable to
        their geographical origin;

"goods of a person" means goods dealt with in the course of trade by the
person;

"lawyer" means a barrister or solicitor of the High Court or of the Supreme
Court of a State or Territory;

"limitations" means limitations of the right to the exclusive use of a trade
mark given by the registration of the trade mark, including limitations of
that right as to:

   (a)  mode of use;

   (b)  use within a territorial area within Australia; or

   (c)  use in relation to goods to be exported;

"notified trade mark" means a trade mark in respect of which a notice under
section 141 is in force;

"objector", in relation to seized goods, means any person who has given under
section 141 a notice in respect of those goods that is in force;

"Official Journal" means the Official Journal of Trade Marks mentioned in
section 236;

"old register" means the Register of Trade Marks kept under the repealed Act;

"Patent Office" means the Patent Office established by the Patents Act  1990 ;

"pending", in relation to an application for the registration of a trade mark,
has the meaning given by section 12;

"person" includes a body of persons, whether incorporated or not;

"person's goods" (see goods of a person);

"person's services" (see services of a person);

"prescribed court" means a court that is under section 199 a prescribed court
for the purposes of this Act;

"Register" means the Register of Trade Marks kept under section 215;

"registered owner", in relation to a registered trade mark, means the person
in whose name the trade mark is registered;

"registered patent attorney" means a person registered as a patent attorney
under the Patents Act 1990;

"registered trade mark" means a trade mark whose particulars are entered in
the Register under this Act;

"registered user", in relation to a trade mark, means a person registered as a
user of a trade mark under Part 11;

"Registrar" means the Registrar of Trade Marks;

"registration number", in relation to a registered trade mark, means the
number given to it under subsection 69(2);

"remove from the Register", in relation to a trade mark, has the meaning given
by section 13;

"repealed Act" has the meaning given by section 15;

"restore to the Register", in relation to a trade mark, has the meaning given
by section 14;

"seized goods" means goods seized under section 142;

"services of a person" means services provided in the course of trade by a
person;

"sign" includes the following or any combination of the following, namely, any
letter, word, name, signature, numeral, device, brand, heading, label, ticket,
shape, colour, sound or aspect of packaging;

"this Act" includes the regulations;

"trade mark" has the meaning given by section 16;

"transmission" means:

   (a)  transmission by operation of law; or

   (b)  devolution on the personal representative of a deceased person; or

   (c)  any other kind of transfer except assignment;

"use", in relation to a trade mark, has the meaning given by section 6;

"word" includes an abbreviation of a word.