Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 17A.59

Trade marks affected by claimed interests and rights

  (1)   If a person is recorded under regulation   1 7A.62 as claiming an interest in, or a right in respect of, the trade mark, the Registrar must:

  (a)   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; and

  (b)   notify the person that the change of ownership will have effect at the end of 2 months from the date of the notification unless the person serves on the Registrar an order of a prescribed court directing the Registrar not to withdraw the declaration.

  (2)   At the end of the 2 - month period, if a court order has not been served on the Registrar as mentioned in paragraph   ( 1 )( b), the Registrar must notify the International Bureau that the change of ownership may be given effect in Australia.


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