Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p127
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 317839–320597

section 213B of the Act and be legible; or
 (b) the following apply:
 (i) the document (the original document) must be filed with a document (the translated document) that is a translation of the original document into English;
 (ii) the original document must be filed with a certificate of verification;
 (iii) the translated document must be in the form (if any) specified in a direction under section 213B of the Act and be legible.
 (3) Subregulation (2) does not apply in relation to an application mentioned in paragraph 4.11(1)(a), 5.18(2)(a) or 17A.19(1)(a).
Note: Regulations 4.11, 5.18 and 17A.19 have specific rules about applications filed in trade marks offices (however described) of Convention countries.

21.3  Filing of documents—common requirements
 (1) A person who files an application, notice or request must include in the application, notice or request the business or residential address of:
 (a) the person making the application or request or giving the notice; or
 (b) the person on whose behalf the application, notice or request is made.
 (2) If an address recorded in the Register or included in an application, notice or request that is filed changes, the person whose address changes, or a person acting on behalf of that person, must notify the Registrar of the new address.
 (3) If the Registrar is notified of a new address, the Registrar must amend the Register, application, notice or request accordingly.
Note: Section 212 of the Act also deals with the making and signing of applications, notices and requests.

21.3A  Approved means of filing documents
  For the purposes of subsection 213A(3) of the Act, the determination must be published on the IP Australia website.

21.3B  Directions by Registrar for filing of documents
  For the purposes of subsection 213B(3) of the Act, the direction must be published on the IP Australia website.

21.3C  Directions by Registrar for filing of evidence
  For the purposes of subsection 213C(4) of the Act, the direction must be published on the IP Australia website.

21.4  Consequences for documents not meeting filing requirements
 (1) If a document received for filing at the Trade Marks Office does not comply with the Act or the regulations, or is not in accordance with whichever approved form is applicable, the Registrar may treat the document:
 (a) as not having been filed and notify the person, including in the notification a statement indicating how the document does not comply with the Act or the regulations or is not in accordance with the approved form; or
 (b) as having been filed, but direct the person to do such things as are necessary to ensure that the document does comply with the Act or the regulations or is in accordance with the approved form.