Trade Marks Act 2002

Legal proceedings - Border protection measures - Chief executive's determination

148: Consequences of failure to serve notice

You could also call this:

"Not telling about keeping goods doesn't make it wrong"

If someone doesn't tell you about holding onto some goods as described in section 149, it doesn't make the holding illegal. Even if they forget to let you know as they should have under section 147, it's still okay for them to keep the goods.

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147: Notice of determination, or

"The boss has to quickly tell people in writing about their decision"


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149: Detention of goods bearing infringing sign, or

"Customs can hold goods they think might break trade mark rules"

Part 4Legal proceedings
Border protection measures: Chief executive's determination

148Consequences of failure to serve notice

  1. The detention of any goods under section 149 is not rendered illegal by a failure to serve notice under section 147.