Commonwealth Consolidated Regulations

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Unprotected certification trade marks

             (1)  If the trade mark is a certification trade mark that is the subject of an IRDA, and:

                     (a)  a copy of the IRDA and the rules governing the use of the certification trade mark has been received by the ACCC; and

                     (b)  the trade mark has not become a protected international trade mark;

the Registrar must make a declaration to the International Bureau in accordance with Rule 27(4) of the Madrid Regulations that, subject to subregulation (2), the change of ownership has no effect in Australia.

             (2)  If the Registrar receives evidence in writing of the consent of the ACCC to the change of ownership, the Registrar must notify the International Bureau that the change of ownership may be given effect in Australia.

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