Document ID: chunk:federal_register_of_legislation:C2024C00631:section:51
Version: federal_register_of_legislation:C2024C00631
Segment Type: section
Provision Reference: s 51
Character Range: 82738–83649

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.