Date of effect of removal or cancellation of trade mark registration

IP Australia has received a submission from a stakeholder the proposed amendments to the Trade Marks Act 1995, to specify the date from which an owner's rights are taken to have ceased, including that the date can, where appropriate, be before the date of the order for removal or cancellation.

At a glance

Policy ID: 168

Status: On hold

Priority: Low

Trade marks

Issue Summary

IP Australia has received a submission from a stakeholder the proposed amendments to the Trade Marks Act 1995. Section 73 of the Act provides that where a mark is cancelled or removed from the Register on the basis of Part 8 or Part 9 of the Act respectively, the registration ceases. However, the Act is currently silent on the date from which the cessation of rights takes effect.

The submission noted that the Courts have held an order for removal or cancellation takes effect from the date of the order and not retrospectively. It suggests the Act be amended to specify the date from which an owner’s rights are taken to have ceased, including that the date can, where appropriate, be before the date of the order for removal or cancellation.

History

On hold, 28 September 2026

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