Commonwealth Consolidated Regulations

TRADE MARKS REGULATIONS 1995 - REG 17A.41A

  (1)   This regulation applies if the International Bureau notifies the Registrar that a holder of an international registration in respect of a protected international trade mark has placed a limitation on the registration.

  (2)   Subject to this regulation, a limitation mentioned in subregulation   (1) has effect from the date the limitation was recorded in the International Register in accordance with Rule   27(1) of the Madrid Regulations.

  (3)   The Registrar may, within the declaration period declare, under Rule   27(5) of the Madrid Regulations, that the limitation has:

  (a)   no effect on the protected international trade mark; or

  (b)   partial effect on the protected international trade mark.

  (4)   A declaration under subregulation   (3):

  (a)   has effect from the date the limitation was recorded in the International Register; and

  (b)   is not effective unless the Registrar sends a copy of the declaration to the International Bureau during the declaration period.

  (5)   On appeal from a declaration of the Registrar under subregulation   (4), a prescribed court may:

  (a)   allow a limitation according to its terms; or

  (b)   declare, under Rule   27(5) of the Madrid Regulations, that the limitation has:

  (i)   no effect in Australia; or

  (ii)   partial effect in Australia.

  (6)   A decision of a prescribed court under subregulation   (5) has effect from the date the limitation was recorded in the International Register.

  (7)   The Registrar must, after the expiration of the relevant appeal period, make any amendment to the Record of International Registrations that is necessary to give effect to a limitation allowed, or a declaration made, under this regulation.

  (8)   In this regulation:

"declaration period" means the period of 18 months after the International Bureau notifies the Registrar that a holder of an international registration has imposed a limitation on the registration.

"limitation" means a limitation, in respect of Australia, in relation to the goods or services mentioned in an international registration recorded in the International Register under Article 9 bis (iii) of the Protocol.