Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p20
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
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Character Range: 51214–53976

make a declaration to the Registrar that those provisions apply to all of those goods and/or services.
Note: Section 37 of the Act and regulation 4.12 deal with the lapsing of an application before acceptance.

4.9  Examination—applicant's response to report
 (1) An applicant may respond in writing to the Registrar's report under regulation 4.8.
 (2) The response may:
 (a) contest a belief of the Registrar that is expressed in the report; and
 (b) contest another matter that is mentioned in the report; and
 (c) provide further documents or evidence in support of the application; and
 (d) request that the application be amended in accordance with the Act.
Note: Section 65 of the Act relates to the amendment of an application after particulars of the application have been published.

4.10  Examination—further report to applicant
 (1) On receipt of a response under regulation 4.9, the Registrar must consider the response.
 (2) If the Registrar continues to believe that:
 (a) the application has not been made in accordance with the Act or these regulations; or
 (b) there are grounds under Division 2 of Part 4 of the Act for rejecting it;
the Registrar must report that belief by notification to the applicant.
 (3) Unless acceptance of an application is deferred, a report under subregulation (2) in relation to that application must include notification of the date on which the application will lapse if it is not accepted earlier.
 (4) Regulation 4.9 and this regulation apply to a report under subregulation (2) as if it were a report under regulation 4.8.

4.11  Examination—additional requirements
 (1) In the course of an examination of an application for which a right of priority is claimed, the Registrar may notify the applicant that the applicant is required to file:
 (a) a copy of any earlier application certified in the trade marks office (or its equivalent) of the Convention country in which it was filed; and
 (b) if the earlier application is not in English:
 (i) a translation of the earlier application into English; and
 (ii) a certificate of verification relating to the translation.
 (2) If the applicant is the successor in title to the person who made the earlier application, the Registrar may notify the applicant that the applicant is required to file documentary evidence that is sufficient to establish the passing of title to the applicant.

4.11A  Publication of decision
  For the purposes of paragraph 34(b) of the Act, the decision must be published in a computer database maintained by the Trade Marks Office.

4.12  Periods after which applications lapse
 (1) For the purposes of subsection 37(1) of the Act (which deals with lapsing), the prescribed period, for an application in respect of which a report is