Trade Marks Act 2002

Legal proceedings - Border protection measures - Notice of infringing sign

139: Chief executive must accept or decline notice

You could also call this:

"The boss must say yes or no to a complaint about a wrong sign"

When someone gives a notice about an infringing sign, the chief executive has to decide what to do with it. They have two options. They can accept the notice if the person who sent it (called the claimant) follows all the rules. These rules are set out in this section of the law and in other regulations. Or, they can decline the notice if the claimant or their notice doesn't follow these rules.

After the chief executive gets the notice, they need to tell the claimant if they've accepted or declined it. They should do this within a reasonable amount of time. This means they shouldn't take too long to let the claimant know what's happened with their notice.

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138: Contents of notice, or

"What to include when telling someone about a problem with a sign"


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139A: Chief executive may suspend accepted notice, or

"Trade Office can pause a notice if information is wrong or rules aren't followed"

Part 4Legal proceedings
Border protection measures: Notice of infringing sign

139Chief executive must accept or decline notice

  1. The chief executive must, in relation to any notice given under section 137,—

  2. either—
    1. accept the notice if the claimant and the notice given by the claimant comply with the requirements of this section and any regulations; or
      1. decline the notice if the claimant or the notice given by the claimant does not comply with the requirements of this section and any regulations; and
      2. within a reasonable period of receiving the notice, advise the claimant whether the notice has been accepted or declined.