Document ID: chunk:federal_register_of_legislation:C2024C00545:section:6:p4
Version: federal_register_of_legislation:C2024C00545
Segment Type: section
Provision Reference: s 6 (pt 4/5)
Character Range: 36833–39528

308 of the Personal Property Securities Act 2009.
predecessor in title, in relation to a person who claims to be the owner of a trade mark, means:
 (a) if the trade mark was assigned or transmitted to one or more than one other person before it was assigned or transmitted to the first‑mentioned person—that other person or any one of those other persons; or
 (b) if paragraph (a) does not apply—the person who assigned the trade mark, or from whom the trade mark was transmitted, to the first‑mentioned person.
Note: In the case of a trade mark that is neither registered nor the subject of an application for registration, the trade mark may be assigned or transmitted in Australia only in conjunction with the goodwill of a business concerned with the trade mark. If the trade mark is registered or the subject of an application for registration, section 106 provides that the trade mark may be assigned or transmitted with or without the goodwill of the business.
preferred means:
 (a) in relation to filing a document with the Trade Marks Office—means the means specified under subsection 213A(4); or
 (b) in relation to paying a fee—means the means specified under subsection 223AA(4).
prescribed court means a court that is under section 190 a prescribed court for the purposes of this Act.
priority date has the meaning given by section 12.
Register means the Register of Trade Marks kept under section 207.
registered owner, in relation to a registered trade mark, means the person in whose name the trade mark is registered.
registered trade mark means a trade mark whose particulars are entered in the Register under this Act.
Note: In addition, the regulations may provide for the effect of a protected international trade mark: see Part 17A.
registered trade marks attorney means a person registered as a trade marks attorney under this Act.
Registrar means the Registrar of Trade Marks.
Note: Sections 201, 202, 203, 204 and 206 deal with the office, powers and functions of the Registrar of Trade Marks.
registration number, in relation to a registered trade mark, means the number given to it under subsection 68(2).
remove from the Register, in relation to a trade mark, has the meaning given by section 13.
repealed Act has the meaning given by section 16.
seized goods means goods seized under section 133.
services of a person means services dealt with or provided in the course of trade by the person.
sign includes the following or any combination of the following, namely, any letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent.
similar goods has the meaning given by subsection 14(1).
similar