Business Names Registration Act 2011

PART 5 - CANCELLING THE REGISTRATION OF A BUSINESS NAME  

SECTION 51   CANCELLATION - BUSINESS NAME USED IN INFRINGEMENT OF TRADE MARK  

51(1)    
To avoid doubt, the relief that a court may grant in an action for an infringement of a registered trade mark includes an order that the registration of a business name to an entity must be cancelled.

51(2)    

ASIC must cancel the registration of the business name to the entity if:

(a)    

a copy of the court ' s order is lodged with ASIC; and

(b)    

ASIC is satisfied, within a reasonable period after the order is lodged, that:

(i) no application for the stay of the order is pending; and

(ii) no appeal of the order is pending; and

(iii) the order is not stayed; and

(iv) the order has not been overturned on appeal.

51(3)    

Nothing in this section limits any orders that a court may make (in an action for an infringement of trade mark or otherwise) in relation to the registration of a business name, or ASIC ' s obligations under such orders.