Document ID: chunk:federal_register_of_legislation:C2006A00114:clause:1_49
Version: federal_register_of_legislation:C2006A00114
Segment Type: clause
Provision Reference: sch 1 cl 49
Character Range: 13859–14574

49  At the end of section 101
Add:

 (4) Without limiting the matters the Registrar may take into account in deciding under subsection (3) not to remove a trade mark from the Register, the Registrar may take into account whether the trade mark has been used by its registered owner in respect of:
 (a) similar goods or closely related services; or
 (b) similar services or closely related goods;
to those to which the application relates.

Note 1: If the registered owner of the trade mark has authorised another person to use it, any authorised use of the trade mark by that person is taken to be a use of the trade mark by the registered owner (see subsection 7(3)).

Note 2: For registered owner see section 6.