Australian Capital Territory Numbered Acts

STOCK ACT 1991 (NO. 10 OF 1991) - SECT 25

25. (1) The Controller shall approve an application under section 24—

        (a)     unless satisfied that—

              (i)     the design of the mark is the same as or could be confused with, or easily modified to resemble, the design of a mark registered under this Act or a brand or mark registered under the Rural Lands Protection Act 1989 of the State of New South Wales; or

              (ii)     the design and proposed method of application of the mark would not be suitable for its purpose; or

        (b)     in the case of a permanent brand—if the mark consists of alphanumeric or symbolic characters, or both, each character being—

              (i)     not less than 35 millimetres and not more than 75 millimetres in height; and

              (ii)     located not less than 10 millimetres from another character.

(2) Where the Controller approves an application for the registration of a mark, the Controller shall issue the applicant with a certificate of registration of the mark and shall register the mark by entering—

        (a)     in the case of an application for the registration of a mark for small stock—the name of the proprietor and the mark in the Small Stock Register; or

        (b)     in the case of an application for the registration of a mark for large stock—the name of the proprietor and the mark in the Large Stock Register.

(3) A certificate of registration shall be in a form approved by the Controller.

(4) The Controller shall, by notice, inform the applicant in writing of the Controller's decision to refuse to register the mark.