Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 16.9

Consideration of applications to vary rules

  (1)   The Commission must make an initial assessment of an application for approval of the variation of the rules governing the use of a registered certification trade mark as soon as practicable after it receives the application.

  (2)   Subregulations   16.3(2), (3) and (4) and regulation   16.4 apply to an application to approve the variation of the rules governing the use of a registered certification trade mark as if a reference in those provisions to an application for registration of a certification trade mark were a reference to an application to approve the variation of the rules governing the use of a registered certification trade mark.

  (3)   Subregulation   16.5(2) applies to a decision whether to approve an application for variation of the rules governing the use of a registered certification trade mark.

Note:   Subsection   178(3) of the Act requires the Commission, in deciding whether to approve a variation, to have regard to prescribed criteria, which are the criteria set out in regulation   16.6.


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