Commonwealth Consolidated Regulations

TRADE MARKS REGULATIONS 1995 - REG 17A.48D

  (1)   Part   9 of the Act and Part   9 of these Regulations apply in relation to an application for cessation of protection.

  (2)   For that application, a reference in those Parts:

  (a)   to a registered trade mark or a trade mark that is registered, or entered on the Register, is taken to be a reference to a trade mark that is, or may become, a protected international trade mark; and

  (b)   to removing a trade mark from the Register is taken to be a reference to the cessation of protection of the trade mark; and

  (c)   to an application for registration of a trade mark is taken to be a reference to an international registration designating Australia; and

  (d)   to an applicant for registration of a trade mark is taken to be a reference to the holder of an international registration designating Australia; and

  (e)   to a registered owner of a trade mark is taken to be a reference to the holder of a protected international trade mark; and

  (f)   to an application under section   92 is taken to be a reference to an application for cessation of protection; and

  (g)   to the date the application for registration of the trade mark was filed, or the filing date in respect of the application for the registration of the trade mark, is taken to be a reference to:

  (i)   if the request for extension of protection to Australia was made under Article 3 ter (1) of the Protocol--the date of international registration of the trade mark; or

  (ii)   if the request for extension of protection to Australia was made under Article 3 ter (2) of the Protocol--the date of recording of the request; and

  (h)   to the date the particulars of the trade mark were entered into the Register under section   69 is taken to be a reference to the date the trade mark became a protected international trade mark under regulation   17A.36.

Note:   The expressions date of international registration and date of recording are defined in regulation   17A.2.

  (3)   Sections   96 to 101 of the Act apply in relation to the cessation of protection for non - use.