Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p104
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 259828–262593

registration of a trade mark is cancelled, in whole or in part, by the International Bureau at the request of the Office of origin, in accordance with Article 6(4) of the Protocol; and
 (b) the trade mark is the subject of an IRDA or is a protected international trade mark; and
 (c) within 3 months after the date on which the international registration was cancelled, the person who held the international registration files with the Trade Marks Office an application for registration of the trade mark (a transformation application); and
 (d) the transformation application is in relation to any of the goods and services to which the cancellation applies that were listed in the IRDA, or covered by the protected international trade mark, immediately before the cancellation.

17A.52  Transformation of IRDA
 (1) If the trade mark is the subject of an IRDA, the Act and these Regulations apply for the purposes of the transformation application as if it were an application for registration.
 (2) However:
 (a) the filing date for the transformation application is taken to be the date of international registration or the date of recording, as applicable; and
 (b) anything already done under this Part for the purposes of the IRDA is to be treated as having been done for the purposes of the transformation application.

17A.53  Transformation of protected international trade mark
 (1) If the trade mark is a protected international trade mark, the Registrar must register the trade mark.
 (2) The date of registration of the trade mark is taken to be:
 (a) the date of international registration or the date of recording, as applicable; or
 (b) if the IRDA in respect of the trade mark included a priority claim, the priority date allowed under that claim.

Division 8—Concurrence between registration and international registration
Note: The Protocol makes provision for this as 'Replacement of a National or Regional Registration by an International Registration': see Article 4bis.

17A.54  Effect of registration and protection of the same trade mark
 (1) This regulation applies if:
 (a) a trade mark that is a registered trade mark becomes a protected international trade mark; and
 (b) the registered owner of the trade mark is the holder of the protected international trade mark; and
 (c) all the goods and services covered by the registered trade mark are covered by the protected international trade mark.
 (2) The date of effect of protection of the protected international trade mark in respect of all the goods and services covered by the registered trade mark is taken to be the date of registration of the registered trade mark.
 (3) The protected international trade mark has the priority date of the registered trade mark in respect of all