Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p52
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 130697–133304

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 notice of the new name or address to the Registrar, the Registrar must amend the record accordingly.
Note: In relation to change of a person's name, address or address for service that is recorded in the Register, see sections 215 and 216 of the Act and regulation 21.3.

11.3  Cancellation 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, entered in the Register or recorded under Division 3 of Part 11 of the Act may be cancelled in accordance with this regulation.
 (2) A request to cancel particulars of a claim to an interest in, or to a right in respect of, a trade mark must be made in writing:
 (a) by the person whose claim is recorded; or
 (b) by the owner of the trade mark; or
 (c) together by the person whose claim is recorded and the owner of the trade mark; or
 (d) if the request has with it the written consent to the cancellation of 1 of the persons mentioned in paragraph (c)—by the other person mentioned in that paragraph.
 (3) If a request is made under paragraph (2)(a), (c) or (d), the Registrar must cancel the particulars in accordance with the request.
 (4) If a request is made under paragraph (2)(b), the Registrar must notify the person whose claim is recorded that:
 (a) the request has been made; and
 (b) unless the request is withdrawn or a prescribed court orders otherwise, the Registrar will cancel particulars of the claim in accordance with the request as soon as practicable after the end of a period of 2 months from the date of the notification.
 (5) Unless a request made under paragraph (2)(b) is withdrawn or a prescribed court determines otherwise, the Registrar must, as soon as practicable:
 (a) if, before the end of the period mentioned in paragraph (4)(b), a person the particulars of whose claim are recorded informs the Registrar in writing that the person does not object to cancellation of the particulars—cancel the particulars in accordance with the request; or
 (b) if paragraph (a) does not apply—cancel the particulars after the end of that period in accordance with the request.

Part 13—Importation of goods infringing Australian trade marks

13.1A  Definition
  In this Part, a reference to the Comptroller‑General of Customs