Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 157A

Offence--failing to notify lack of trade marks attorney director

  (1)   An incorporated trade marks attorney commits an offence if the incorporated trade marks attorney:

  (a)   does not have a trade marks attorney director; and

  (b)   does not notify the Designated Manager of that within 7 days.

Penalty:   150 penalty units.

Note 1:   The Reader's Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914 ).

Note 2:   For incorporated trade marks attorney , trade marks attorney director and Designated Manager see section   6.

Offence--acting after 7 days without trade marks attorney director

  (2)   An incorporated trade marks attorney commits an offence if the incorporated trade marks attorney:

  (a)   does not have a trade marks attorney director; and

  (b)   has not had a trade marks attorney director during the previous 7 days; and

  (c)   describes itself, or holds itself out, or permits itself to be described or held out, as a trade marks attorney.

Penalty:   150 penalty units.

Note 1:   The Reader's Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914 ).

Note 2:   For incorporated trade marks attorney and trade marks attorney director see section   6.

Designated Manager may appoint a registered trade marks attorney

  (3)   If an incorporated trade marks attorney does not have a trade marks attorney director, the Designated Manager may, by writing, appoint another registered trade marks attorney to take charge of the trade marks work of the incorporated trade marks attorney.

  (4)   The appointment may be made only with the consent of the other registered trade marks attorney.

Effect of appointment

  (5)   A registered trade marks attorney holding an appointment under subsection   (3) (the appointed attorney ) is taken, for the purposes of this Act, to be a trade marks attorney director of the incorporated trade marks attorney.

  (6)   For the purposes of the Corporations Act 2001 :

  (a)   the appointed attorney is not a director of the incorporated trade marks attorney only because:

  (i)   the appointed attorney takes charge of the trade marks work of the incorporated trade marks attorney; and

  (ii)   the appointed attorney is taken, for the purposes of this Act, to be a trade marks attorney director of the incorporated trade marks attorney; and

  (b)   the Designated Manager is not a director of the incorporated trade marks attorney only because the Designated Manager appointed the appointed attorney.

Designated Manager may remove incorporated trade marks attorney from Register

  (7)   If an incorporated trade marks attorney does not have a trade marks attorney director, the Designated Manager may remove the incorporated trade marks attorney from the Register.

Meaning of trade marks work

  (8)   Trade marks work means one or more of the following done, on behalf of someone else, for gain:

  (a)   applying for or obtaining trade marks in Australia or anywhere else;

  (b)   preparing trade marks applications or other documents for the purposes of this Act or the trade marks law of another country;

  (c)   giving advice (other than advice of a scientific or technical nature) about the validity, or infringement, of trade marks.

Time for starting prosecutions

  (9)   Despite section   15B of the Crimes Act 1914 , a prosecution for an offence against this section may be started at any time within 5 years after the offence was committed.