Document ID: chunk:federal_register_of_legislation:C2024C00545:front:0:p4
Version: federal_register_of_legislation:C2024C00545
Segment Type: other
Provision Reference: 
Character Range: 8058–10889

restored to Register in certain circumstances
99 Proceedings before Registrar
99A Dismissal of opposition filed with Registrar
100 Burden on opponent to establish use of trade mark etc.
101 Determination of opposed application—general
102 Determination of opposed application—localised use of trade mark
103 Registrar to comply with order of court
104 Appeal
105 Certificate—use of trade mark
Part 10—Assignment and transmission of trade marks
106 Assignment etc. of trade mark
107 Applications for record to be made of assignment etc. of trade mark whose registration is sought
108 Recording of assignment etc. of trade mark whose registration is sought
109 Application for record of assignment etc. of registered trade mark to be entered in Register
110 Recording of assignment etc. of registered trade mark
111 Notification of application to be given to person recorded as claiming interest in trade mark etc.
Part 11—Voluntary recording of claims to interests in and rights in respect of trade marks
Division 1—Preliminary
112 Object of Part
Division 2—Interests in, and rights in respect of, registered trade marks
113 Application for registration of interest or right in trade mark
114 Record of claims to interest etc.
115 Amendment and cancellation
116 Record not proof etc. of existence of right etc.
Division 3—Interests in, and rights in respect of, unregistered trade marks
117 Application for recording of interest or right in trade mark
118 Record of claims to interest etc.
119 Amendment and cancellation
Part 12—Infringement of trade marks
120 When is a registered trade mark infringed?
121 Infringement of trade mark by breach of certain restrictions
122 When is a trade mark not infringed?
122A Exhaustion of a registered trade mark in relation to goods
123 Services to which registered trade mark has been applied by or with consent of registered owner
124 Prior use of identical trade mark etc.
125 What courts may hear action for infringement of registered trade mark
126 What relief can be obtained from court
127 Special case—plaintiff not entitled to damages etc.
128 Circumstances in which action may not be brought
129 Application for relief from unjustified threats
130 Counterclaim for infringement
130A Mere notification of registered trade mark not a threat
Part 13—Importation of goods infringing Australian trade marks
131 Object of Part
132 Notice of objection to importation
133 Comptroller‑General of Customs may seize goods infringing trade mark
133A Determinations about owners of goods
134 Notice of seizure
134A Inspection, release etc. of seized goods
135 Consent to forfeiture of seized goods
136 Claim for release of seized goods
136A Seized goods not claimed are forfeited
136B Late claim for release of seized goods
136C Objector to be notified of claim
136D Release of seized goods
136E