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Trade Marks Act 1995

No. 119, 1995

Compilation No. 47

Compilation date: 14 October 2024

                Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the Trade Marks Act 1995 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Act binds the Crown
4 Application of Act
4A Application of the Criminal Code
5 Repeal of Trade Marks Act 1994
Part 2—Interpretation
6 Definitions
6A Periods expressed in months
7 Use of trade mark
8 Definitions of authorised user and authorised use
9 Definition of applied to and applied in relation to
10 Definition of deceptively similar
11 Definition of pending
12 Definition of priority date
13 Definition of remove from the Register
14 Definition of similar goods and similar services
15 Definition of originate in relation to wine
16 Definition of repealed Act
Part 3—Trade marks and trade mark rights
17 What is a trade mark?
18 Certain signs not to be used as trade marks etc.
19 Certain trade marks may be registered
20 Rights given by registration of trade mark
21 Nature of registered trade mark as property
22 Power of registered owner to deal with trade mark
23 Limitation on rights if similar trade marks