Trade Marks (Addresses in Australia) Amendment Regulations 2018

2018/35

Coat of Arms of New Zealand

Trade Marks (Addresses in Australia) Amendment Regulations 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 5th day of March 2018

Present:
Her Excellency the Governor-General in Council

These regulations are made under sections 199 and 199A of the Trade Marks Act 2002 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Trade Marks (Addresses in Australia) Amendment Regulations 2018.

2 Commencement

These regulations come into force on 5 April 2018.

Part 1 Amendments to Trade Marks Regulations 2003

3 Principal regulations

This Part amends the Trade Marks Regulations 2003 (the principal regulations).

4 Regulation 3 amended (Interpretation)

In regulation 3, definition of address for service, paragraphs (a) and (b), after “in New Zealand”, insert “or Australia”.

5 Regulation 17A amended (Commissioner may require address for service to be filed)

(1)

In regulation 17A(a), after “New Zealand”, insert “or Australian”.

(2)

In regulation 17A(b), after “in New Zealand”, insert “or Australia” in each place.

Part 2 Amendments to Trade Marks (International Registration) Regulations 2012

6 Principal regulations

This Part amends the Trade Marks (International Registration) Regulations 2012 (the principal regulations).

7 Regulation 5 amended (Interpretation)

In regulation 5, insert in its appropriate alphabetical order:

address for service means—

(a)

a postal address in New Zealand or Australia; or

(b)

a post office box or document exchange box in New Zealand or Australia

8 Regulation 14 amended (Where Commissioner considers requirements of regulation 7 not met or partially met)

In regulation 14(3), delete “in New Zealand”.

9 Regulation 27 amended (Transformation application)

In regulation 27(3)(d), delete “in New Zealand”.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 5 April 2018, amend the Trade Marks Regulations 2003 and the Trade Marks (International Registration) Regulations 2012 to provide that an address for service may be an Australian or a New Zealand address.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 8 March 2018.

These regulations are administered by the Ministry of Business, Innovation, and Employment.