Commonwealth Numbered Acts

TRADE MARKS AMENDMENT ACT 1978 No. 130 of 1978 - SECT 6

6. Section 23 of the Principal Act is amended-

(a) by inserting in sub-section (1) ''or services'' after ''goods'' (wherever
occurring);

(b) by inserting in sub-section (2) ''or services'' after ''goods'' (first and
second occurring);

   (c)  by omitting from sub-section (2) ''in relation to goods of the same
        description, being goods in respect of which the trade mark is
        registered.'' and substituting:

''in relation to goods or services in respect of which the trade mark is
registered, being-

   (a)  where the application relates to goods-goods of the same description
        as those goods or services that are closely related to those goods; or

   (b)  where the application relates to services-services of the same
        description as those services or goods that are closely related to
        those services.'';

   (d)  by inserting after sub-section (3) the following sub-section:

''(3A) Where, in relation to services in respect of which a trade mark is
registered-

   (a)  the matters referred to in paragraph (b) of sub-section (1) are shown
        as far as regards failure to use the trade mark in relation to
        services provided in a particular place in Australia; and

   (b)  a person has been permitted under section 34 to register a
        substantially identical or deceptively similar trade mark in respect
        of those services under a registration extending to use in relation to
        services provided in that place, or the prescribed court or the
        Registrar is of the opinion that that person may properly be permitted
        to register such a trade mark,

a prescribed court or the Registrar may, on application by that person, direct
that the registration of the first-mentioned trade mark shall be subject to
such conditions or limitations as the prescribed court or the Registrar thinks
proper for securing that that registration shall cease to extend to use of the
trade mark in relation to services provided in that place.'';

(e) by inserting in sub-section (4) ''or (3A)'' after ''sub-section (3)''; and

(f) by inserting in sub-section (4) ''or services'' after ''goods''.