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TRADE MARKS REGULATIONS 1995 - REG 4.14

Period for which acceptance is deferred

  (1)   The period for which acceptance of an application is deferred (the deferment period ) begins immediately after:

  (a)   for deferral under sub regulation   4 .13(1) -- the date the Trade Marks Office receives the request; or

  (b)   for deferral under sub regulation   4 .13(2) or (3) -- the date of the notification of deferment issued under sub regulation   4 .13(4).

  (2)   The deferment period ends:

  (a)   when the application is withdrawn; or

  (b)   if paragraph   ( a) does not apply -- when the Registrar is reasonably satisfied that there are no longer grounds for rejecting the application under subsection   44(1) or (2) of the Act or sub regulation   4 .15 A( 1) or (2); or

  (c)   if paragraphs   ( a) and (b) do not apply -- in accordance with subregulation   (3).

  (3)   For the purposes of paragraph   ( 2 )( c), the deferment period ends:

  (a)   if acceptance is deferred because of subparagraph   4.13(1 )( c )( i) -- when proceedings relating to the registration of, or the extension of protection to, the other trade mark are finalised; and

  (b)   if acceptance is deferred because of subparagraph   4.13(1 )( c )( ii) -- at the end of 6 months from the date of commencement of deferment; and

  (c)   if acceptance is deferred because of subparagraph   4.13(1 )( c )( iii) -- when proceedings under Part   9 of the Act or regulation   1 7A.48C in respect of the other trade mark are finalised; and

  (d)   if acceptance is deferred because of subparagraph   4.13(1 )( c )( iv) -- when the proceedings to have the Register or the Record of International Registrations rectified in respect of the other trade mark are determined or otherwise disposed of; and

  (e)   if acceptance is deferred because of subparagraph   4.13(1 )( c )( v) -- when the registration of the other trade mark is renewed or the other trade mark is removed from the Register; and

  (ea)   if acceptance is deferred because of subparagraph   4.13(1 )( c )( vi) -- when the international registration of the other trade mark is renewed or the other trade mark is removed from the International Register; and

  (f)   if acceptance is deferred because of paragraph   4.13(2 )( a) -- at the end of 2 months after the beginning of the period in which:

  (i)   proceedings mentioned in paragraph   4.13(2 )( b) may be begun; or

  (ii)   an application mentioned in paragraph   4.13(2 )( c) may be made; and

  (g)   if acceptance is deferred because of paragraph   4.13(2 )( b) or (c) -- at the end of:

  (i)   3 months after the determination, or other disposal, of the proceedings or review; or

  (ii)   such time as the court to which any appeal is brought or the AAT , or a court to which any appeal arising from review by the AAT is brought, allows;

  (h)   if acceptance is deferred because of paragraph   4.13(2 )( d) -- at the end of a period after the death of the applicant that the Registrar reasonably regards as sufficient in the circumstances; and

  (j)   if acceptance is deferred because of sub regulation   4 .13(3):

  (i)   if the Commission gives a certificate under subsection   175(2) of the Act in respect of the application -- when the Registrar accepts the certification trade mark for registration; and

  (ii)   if the Commission does not give a certificate under that subsection -- at the end of 2 months after the date of the notice to the Registrar under subsection   175(4) of the Act.

  (4)   If acceptance of an application is deferred as a result of the operation of more than 1 of the provisions of paragraph   4.13(1 )( c) and sub regulation   4 .13(2), the deferment period ends in accordance with the relevant provision of subregulation   (3) under which the deferment period ends later or last, as the case requires.

  (5)   The Registrar must notify the applicant of:

  (a)   the end of a period of deferment; and

  (b)   if acceptance is deferred under sub regulation   4 .13(1) -- the last day of the relevant period prescribed by paragraph   4.12(1 )( a) or (b).


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