Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p51
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 128321–130915

the period of 2 months from the date of the notification;
the Registrar must record the particulars in the Register as soon as practicable after the end of that period.
 (5) For the purposes of subsection 110(3) of the Act, the recording or registration must be published in a computer database maintained by the Trade Marks Office.

10.5  Notification to persons recorded as claiming right or interest in trade marks
 (1) For the purposes of section 111 of the Act, the Registrar must notify a person recorded under Part 11 of the Act as claiming an interest in, or a right in respect of, a trade mark that the Registrar will record the assignment or transmission of the trade mark at the end of a period of 2 months from the date of the notification, unless:
 (a) the application to assign or transmit the trade mark is withdrawn; or
 (b) a prescribed court determines otherwise; or
 (c) each person to whom the Registrar must notify under this subregulation has already notified the Registrar in writing that the person consents to the assignment or transmission.
 (2) Each notification under subregulation (1) in respect of a particular trade mark must be given on the same day.

Part 11—Voluntary recording of claims to interests in and rights in respect of trade marks

11.1  Amendment of particulars—claimed interests or rights
 (1) For the purposes of sections 115 and 119 of the Act (which deal with amendment and cancellation of particulars), particulars of a claim to an interest in, or to a right in respect of, a trade mark (other than the name, address or address for service of a person whose claim is recorded) entered in the Register or recorded under Division 3 of Part 11 of the Act may be amended in accordance with this regulation.
 (2) A request by a person to amend particulars of a claim to an interest in, or to a right in respect of, a trade mark must be:
 (a) in writing, in an approved form; and
 (b) accompanied by material supporting the person's entitlement to make the request.
 (3) The Registrar must amend the particulars in accordance with the request if:
 (a) the request is made in accordance with subregulation (2); and
 (b) the Registrar is reasonably satisfied that the person making the request is entitled to make the request.

11.2  Amendment of name, address and address for service—claims not in the Register
  If a person:
 (a) whose claim to an interest in, or to a right in respect of, a trade mark for which registration is sought is recorded; and
 (b) whose name, address or address for service has changed since the claim was recorded;
gives