Business Names Registration Act 2011
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) (b)
(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.
[ CCH Note: S 51(2) will be amended by No 69 of 2020, s 3 and Sch 1 items 245 and 246, by substituting " The Registrar must " for " ASIC must " and substituting " the Registrar " for " ASIC " in para (a) and (b), effective 22 June 2022 or a day or days to be fixed by Proclamation. For transitional provisions, see note under s 23(2) .]
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.
[ CCH Note: S 51(3) will be amended by No 69 of 2020, s 3 and Sch 1 item 247, by substituting " the Registrar ' s " for " ASIC ' s " , effective 22 June 2022 or a day or days to be fixed by Proclamation. For transitional provisions, see note under s 23(2) .]
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