Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p95
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 237642–240338

to Australia was made under Article 3ter (1) of the Protocol—the date of international registration of the trade mark; or
 (ii) if the request for extension of protection to Australia was made under Article 3ter (2) of the Protocol—the date of recording of the request; and
 (h) to the date the particulars of the trade mark were entered into the Register under section 69 is taken to be a reference to the date the trade mark became a protected international trade mark under regulation 17A.36.
Note: The expressions date of international registration and date of recording are defined in regulation 17A.2.
 (3) Sections 96 to 101 of the Act apply in relation to the cessation of protection for non‑use.

17A.48E  Notification of application
 (1) For subsection 95(1) of the Act, the Registrar must, within one month from the filing of the application, give a copy of the application to each person who, in the Registrar's opinion, should receive one.
 (2) For the purposes of subsections 95(2) and (3) of the Act, the application must be published in a computer database maintained by the Trade Marks Office.

17A.48F  Filing of notice of opposition
  A notice of opposition is taken to be filed when the notice of intention to oppose and the statement of grounds and particulars have been filed under regulations 17A.48G and 17A.48J.

17A.48G  Filing of notice of intention to oppose
 (1) For subsection 96(2) of the Act, the period for filing a notice of intention to oppose the application for cessation of protection must be filed within 2 months from the day the application for cessation of protection is published in a computer database maintained by the Trade Marks Office in accordance with subregulation 17A.48E(2).
 (2) The notice must be in an approved form.
 (3) The Registrar must give a copy of the notice to the applicant.

17A.48H  Opponent must have address for service
 (1) This regulation applies despite any other regulation in this Subdivision.
 (2) The Registrar is not required to take any action in response to a notice of opposition filed under regulation 17A.48F unless the opponent has notified the Registrar, in writing, of the opponent's address for service in Australia or New Zealand.
 (3) A requirement to give a document to an opponent, or to give the opponent an opportunity to make written representations or to be heard, does not apply if no address for service of the opponent is recorded in the Record of International Registrations.

17A.48J  Filing of statement of grounds and particulars
 (1) A statement of grounds and particulars must be filed within one month from the day the notice of intention to oppose is filed.
 (2) The statement must be in an