Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p12
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 31699–34247

the classes of goods described in column 2 of Part 1 of Schedule 1; and
 (b) services are divided into the classes of services described in column 2 of Part 2 of Schedule 1.
 (2) Each class of goods or services described in Schedule 1 has:
 (a) a class number corresponding to the item number of that class in column 1 of Part 1 or 2 of Schedule 1; and
 (b) a class heading corresponding to the description of that class in column 2 of Part 1 or 2 of Schedule 1.

3.2  Period in which action for infringement may be brought
  For the purposes of paragraph 26(1)(b) of the Act (which deals with powers of the authorised user of a trade mark), the prescribed period is 2 months from the day on which the authorised user of a trade mark asks the registered owner of the trade mark to bring an action for infringement of the trade mark.

Part 3A—Assisted filing service

Division 1—General

3A.1  Purpose of Part
  This Part provides for an assisted filing service to enable a person proposing to make an application under Part 4 of the Act to request:
 (a) a preliminary assessment from the Registrar concerning the likelihood of the application for the proposed trade mark being successful under Part 4 of the Act; and
 (b) information concerning the requirements for registration under Part 4 of the Act.

Division 2—Request for filing assistance

3A.3  Request for filing assistance—form of request
 (1) A person proposing to submit an application under Part 4 of the Act (a requester) may submit a request for filing assistance (an AFS request) under this Part.
 (2) An AFS request must:
 (a) be supported by such material and attachments as required by the Registrar having regard to the requirements of Part 4 of the Act in relation to an application for registration; and
 (b) be accompanied by the fee prescribed for the AFS request.
 (3) An AFS request:
 (a) must be submitted in a manner required by the Registrar; and
 (b) must contain the name of the requester; and
 (c) must contain contact details that includes the business or residential address and a telephone number for the requester, and:
 (i) the fax number of the requester; or
 (ii) the email address of the requester; and
 (d) must include a representation of the trade mark that is sufficient to identify the trade mark; and
 (e) must specify the goods and/or services in relation to which the request is made; and
 (f) must not relate to a matter published by the Registrar on the IP Australia website to be a matter for which an AFS request is not available; and
 (g) if the