Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p87
Version: federal_register_of_legislation:F2024C00893
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when the international registration is cancelled.

17A.41A  Duties and powers of Registrar—notification of limitation by International Bureau
 (1) This regulation applies if the International Bureau notifies the Registrar that a holder of an international registration in respect of a protected international trade mark has placed a limitation on the registration.
 (2) Subject to this regulation, a limitation mentioned in subregulation (1) has effect from the date the limitation was recorded in the International Register in accordance with Rule 27(1) of the Madrid Regulations.
 (3) The Registrar may, within the declaration period declare, under Rule 27(5) of the Madrid Regulations, that the limitation has:
 (a) no effect on the protected international trade mark; or
 (b) partial effect on the protected international trade mark.
 (4) A declaration under subregulation (3):
 (a) has effect from the date the limitation was recorded in the International Register; and
 (b) is not effective unless the Registrar sends a copy of the declaration to the International Bureau during the declaration period.
 (5) On appeal from a declaration of the Registrar under subregulation (4), a prescribed court may:
 (a) allow a limitation according to its terms; or
 (b) declare, under Rule 27(5) of the Madrid Regulations, that the limitation has:
 (i) no effect in Australia; or
 (ii) partial effect in Australia.
 (6) A decision of a prescribed court under subregulation (5) has effect from the date the limitation was recorded in the International Register.
 (7) The Registrar must, after the expiration of the relevant appeal period, make any amendment to the Record of International Registrations that is necessary to give effect to a limitation allowed, or a declaration made, under this regulation.
 (8) In this regulation:
declaration period means the period of 18 months after the International Bureau notifies the Registrar that a holder of an international registration has imposed a limitation on the registration.
limitation means a limitation, in respect of Australia, in relation to the goods or services mentioned in an international registration recorded in the International Register under Article 9bis (iii) of the Protocol.

17A.42  Failure to renew international registration
 (1) If the international registration of a trade mark that is a protected international trade mark is not renewed, the trade mark ceases to be a protected international trade mark when the international registration expires.
 (2) However, if:
 (a) the international registration of a trade mark that is a protected international trade mark (unrenewed protected international trade mark) is not renewed; and
 (b) an application for the registration of the trade mark, or an IRDA, is made, or has already been made, by a person other than the holder of the unrenewed protected international trade mark;
  the unrenewed protected international trade mark is taken to