Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p93
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 232658–235475

arisen through an act or fault of the holder.
 (2) In making a decision under subregulation (1), the court:
 (a) must take into account the following matters, so far as they are relevant:
 (i) the extent to which the public interest will be affected if protection of the protected international trade mark is not ceased;
 (ii) whether any circumstances that gave rise to the application have ceased to exist;
 (iii) the extent to which the trade mark distinguished the relevant goods and services before the circumstances giving rise to the application arose;
 (iv) whether there is any order or other remedy, other than an order under regulation 17A.44 or 17A.45, that would be adequate in the circumstances; and
 (b) may take into account any other matter that the court considers relevant.

17A.47  Duties and powers of Registrar
  Section 90 of the Act applies, with the necessary modifications, for the purposes of an application under regulation 17A.43, 17A.44 or 17A.45.
Note: Article 5(6) of the Protocol requires the Registrar to notify the International Bureau of an invalidation of the effect of an international registration.

Subdivision D—Cessation of protection for non‑use

17A.48  Definitions
  In this Subdivision:
application for cessation of protection means an application to the Registrar for cessation of protection of a trade mark that is, or may become, a protected international trade mark.
cessation of protection means the cessation of protection of a trade mark that is a protected international trade mark.
notice of intention to defend means a notice filed under regulation 17A.48Q.
notice of intention to oppose means a notice filed under regulation 17A.48G.
notice of opposition means:
 (a) a notice of intention to oppose; and
 (b) a statement of grounds and particulars.
opponent means a person who files:
 (a) a notice of intention to oppose; and
 (b) a statement of grounds and particulars.
party means an applicant or opponent.
statement of grounds and particulars means a statement by an opponent that sets out:
 (a) the grounds for cessation of protection that the opponent intends to rebut; and
 (b) the facts and circumstances that form the basis for the opposition to the cessation of protection.
Note: The definitions of the following terms are in section 6 of the Act:
(a) applicant;
(b) approved form;
(c) employee;
(d) file;
(e) month;
(f) person.

17A.48B  Notification and opportunity to make representations
 (1) This regulation applies if:
 (a) a party makes a request to the Registrar under this Subdivision; or
 (b) the Registrar proposes to make a decision on the Registrar's own initiative under this Subdivision.
 (2) The Registrar must:
 (a) for paragraph (1)(a)—notify the other party of the request, including by giving the other party a copy of the request;