Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p26
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 66212–68894

Act, regulations made for the purposes of section 189A:
(a) may be inconsistent with the Act; and
(b) prevail over the Act (including any other regulations or other instruments made under the Act), to the extent of any inconsistency.
 Division 2 of Part 4 of the Act includes provisions relating to the grounds on which an application for the registration of a trade mark must be rejected.
 (3) If, in a case mentioned in subregulation (1) or (2), the Registrar is satisfied:
 (a) that there has been honest concurrent use of the 2 trade marks; or
 (b) that, because of other circumstances, it is proper to do so;
the Registrar may accept the application for the registration of the applicant's trade mark subject to any conditions or limitations that the Registrar thinks fit to impose.
 (4) If the applicant's trade mark has been used only in a particular area, the limitations may include that the use of the trade mark is to be restricted to that particular area.
 (5) If, in a case mentioned in subregulation (1) or (2), the Registrar is satisfied that the applicant, or the applicant and the predecessor in title of the applicant, have continuously used the applicant's trade mark for a period:
 (a) beginning before the priority date for the other trade mark in respect of:
 (i) the similar goods or closely related services; or
 (ii) the similar services or closely related goods; and
 (b) ending on the priority date for the registration of the applicant's trade mark;
the Registrar must not reject the application because of the existence of the other trade mark.
Note: Section 44 of the Act provides for rejection of an application on the grounds that the trade mark is substantially identical with, or deceptively similar to, a registered trade mark or a trade mark for which registration is being sought.

4.18  Request for expedited examination of application
 (1) A person who applies, or has applied, for the registration of a trade mark:
 (a) may request in writing expedited examination of the application; and
 (b) must include with the request a declaration stating the reasons for the request.
 (2) As soon as practicable after making a decision in relation to a request, the Registrar must give notification of the decision to the person who made the request.

4.19  Expedited examinations
 (1) The Registrar must, to the extent that is practicable, examine applications for the registration of trade marks in relation to which requests under regulation 4.18 are granted:
 (a) in the order in which the requests are filed; and
 (b) before examination of an application for registration of a trade mark in relation to which:
 (i) a request under regulation 4.18