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ART. 69. Questions that arise as regards the disposition of the preceding article shall be judicially resolved, unless those interested, of common accord, make waiver thereof. In case of waiver, the disposition of Arts. 30 and 31 shall hold.

ART. 70. Registrations of marks made in accordance with the laws in force shall remain valid for the time yet to run for completing the term of their respective concession.

Renewal of concessions shall be effected in conformity with the prescriptions of this law, preference having to be accorded to the present owners of marks, if they solicit said removal before the expiration of the term of registration.

ART. 71. Laws Nos. 787 of August 19, 1876, and 866 of September 13, 1877, are abrogated.

ART. 72. Be it communicated to the Executive Power.

under this Act.

"The Registrar" means the Registrar of Trade Marks. "State Trade Marks Act" means any State Act relating to the Registration of Trade Marks.

"This Act" includes all regulations made thereunder.

"Mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof.

"Trade Mark" means a mark used or proposed to be used upon or in connexion with goods, for the purpose of indicating that they are the goods of the proprietor of the trade mark by virtue of manufacture, selection, certification, dealing with, or offering for sale.

"Registrable Trade Mark" means a trade mark which is capable of registration under the provisions of this Act.

"Prescribed" means, in relation to proceedings before the Court, prescribed by Rules of Court, and, in other cases, prescribed by this Act or the regulations under this Act.

Application of Common Law

5. Subject to this Act, or any Act of the Parliament, the common law of England relating to trade marks shall, after the commencement of this Act, apply throughout the Commonwealth.

Provided that this section shall not affect any right, privilege, obligation, or liability acquired, accrued, or incurred under the law of any State before the commencement of this Act.

State Trade Marks Acts to Cease to Apply to Trade Marks

6. The State Trade Marks Acts of each State shall, on the commencement of this Act, cease to apply to trade marks further than as follows:

(a) The State Trade Marks Act under which a trade mark is registered shall continue to apply to that trade mark so long as the registration under that Act remains in force.

(b) Proceedings under a State Trade Marks Act, pending at the commencement of this Act, may be continued and completed under the State Trade Marks Act.

(c) Applications for the registration of trade marks may be received and dealt with under a State Trade Marks Act, if made by virtue of some right acquired, before the commencement of this Act, in pursuance of any International Convention for the protection of industrial property.

Registration Under State Trade Marks Acts to Cease
After a Certain Period

7. (1) The registration of a trade mark under a State

Trade Marks Act shall cease either

(a) at the expiration of fourteen years from the commencement of this Act, or

(b) at the time when, under the State Trade Marks Act, the trade mark would, if after the commencement of this Act no fee for the continuance of its registration were paid, first become liable to removal from the register,

whichever first happens.

(2) No fee shall be receivable nor shall any act be done after the commencement of this Act for the continuance of the registration of a trade mark under a State Trade Marks Act. Trade Marks Registered Under State Act May be Registered Under this Act

8. (1) The registered proprietor of a trade mark properly registered in any State under a State Trade Marks Act may make application for the registration of his Trade Mark under this Act.

(2) The application shall, subject to paragraphs (3), (4), and (5) of this section, be dealt with in the same manner as other applications for registration of trade marks.

(3) The trade mark may be registered even if it does not contain the essential particulars required by this Act, but subject, in that case, to such conditions and limitations as to mode or place or period of user as the Registrar, Law Officer, or Court thinks fit to impose.

(4) Where the same trade mark or a nearly identical trade mark is owned or registered by another proprietor in any part of the Commonwealth in respect of the same goods, the trade mark may be registered subject to such conditions and limitations as to mode or place of user or otherwise as the Registrar, Law Officer, or Court thinks fit to impose to preserve the rights of each proprietor.

(5) Where the trade mark or a nearly identical trade mark is common to the trade in another State, the registration under this Act shall confer no exclusive rights in that State on the registered proprietor, and that State may be excepted from the registration under this Act.

(6) The registration of the trade mark under a State Trade Marks Act shall cease upon its registration under this Act.

Unregistered Trade Marks in Use in States

9. (1) The unregistered proprietor of a trade mark in use in any State at the commencement of this Act may make application for the registration of his trade mark under this Act.

(2) The application shall, subject to paragraphs (3), (4),

(5), and (6) of this section, be dealt with in the same manner as other applications for registration of trade marks.

(3) The trade mark may be registered if it could have been lawfully registered under the State Trade Marks Act in force, at the commencement of this Act, in the State in which the trade mark was then used, had an application for its registration been made before the commencement of this Act.

(4) If the trade mark does not contain the essential particulars required by this Act, it may nevertheless be registered subject to such conditions and limitations as to mode or place, or period of user, as the Registrar, Law Officer, or Court thinks fit to impose.

(5) Where the same trade mark or a nearly identical trade mark is owned or registered by another proprietor in any part of the Commonwealth in respect of the same goods, the trade mark may be registered subject to such conditions and limitations as to mode or place or user or otherwise as the Registrar, Law Officer, or Court thinks fit to impose to preserve the rights of each proprietor.

(6) Where the trade mark, or a nearly identical trade mark, was, at the commencement of this Act, common to the trade in another State, the registration under this Act shall confer no exclusive rights in that State on the registered proprietor, and that State may be excepted from the registration under this Act. Extension of Act to Papua

9a. (1) On and after a date to be fixed by proclamation, this Act shall apply to the territory of Papua as if that territory were a part of the Commonwealth.

(2) For the purpose of this section

(a) any reference in this Act to a State shall be deemed to include a reference to the Territory of Papua, and

(b) any reference in this Act to a State Trade Marks Act shall be deemed to include a reference to the Act or law of that Territory relating to the registration of trade marks.

PART II-ADMINISTRATION

DIVISION 1. THE MINISTER, THE REGISTRAR, AND THE
TRADE MARKS OFFICE

Administration

10. The Minister for Trade and Customs or other the Minister for the time being administering the Department of Trade and Customs shall be charged with the execution of this Act.

Registrar

11. (1) There shall be a Registrar of Trade Marks.

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