Commonwealth Consolidated Regulations

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Application of Division

                   This Division applies if:

                     (a)  the international registration of a trade mark is cancelled, in whole or in part, by the International Bureau at the request of the Office of origin, in accordance with Article 6(4) of the Protocol; and

                     (b)  the trade mark is the subject of an IRDA or is a protected international trade mark; and

                     (c)  within 3 months after the date on which the international registration was cancelled, the person who held the international registration files with the Trade Marks Office an application for registration of the trade mark (a transformation application ); and

                     (d)  the transformation application is in relation to any of the goods and services to which the cancellation applies that were listed in the IRDA, or covered by the protected international trade mark, immediately before the cancellation.

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