Trade Marks Act 1998 · 2020 Revised Edition · Part 10 · Assistance by Border Authorities
93C. Notice to take action
Feedback & supportLast amended by an amending law of 2018.
If section 93B(1)(a) and (b) has been satisfied by the proprietor of the registered trade mark, the Director‑General must, as soon as practicable, give to the proprietor and the dealer personally, by post or (with the prior consent of the addressee) by email, a written notice that states that the goods will be released to the dealer unless —
proprietor
“proprietor” means —(a)in relation to a registered trade mark — the person in whose name the trade mark is registered; or(b)in relation to an unregistered trade mark that is a well known trade mark — the person to whom the trade mark belongs;
an infringement action in relation to the goods is instituted by the proprietor within a prescribed period after the day specified in the notice; and
the proprietor gives written notice to the Director‑General within that period stating that such action has been instituted.
Section 85(4) to (7) applies in relation to a notice under subsection (1) as it applies in relation to a notice under section 85(1), as if a reference to the requestor is a reference to the proprietor of the registered trade mark.
requestor
“requestor”, in relation to particular seized goods, means the person who gave the written notice under section 82(1) as a result of the giving of which the goods were seized;