Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p106
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 264955–267612

marks
 (1) If the trade mark is a certification trade mark that is the subject of an IRDA, and:
 (a) a copy of the IRDA and the rules governing the use of the certification trade mark has been received by the Commission; and
 (b) the trade mark has not become a protected international trade mark;
the Registrar must make a declaration to the International Bureau in accordance with Rule 27(4) of the Madrid Regulations that, subject to subregulation (2), the change of ownership has no effect in Australia.
 (2) If the Registrar receives evidence in writing of the consent of the Commission to the change of ownership, the Registrar must notify the International Bureau that the change of ownership may be given effect in Australia.

17A.59  Trade marks affected by claimed interests and rights
 (1) If a person is recorded under regulation 17A.62 as claiming an interest in, or a right in respect of, the trade mark, the Registrar must:
 (a) make a declaration to the International Bureau in accordance with rule 27(4) of the Madrid Regulations that, subject to subregulation (2), the change of ownership has no effect in Australia; and
 (b) notify the person that the change of ownership will have effect at the end of 2 months from the date of the notification unless the person serves on the Registrar an order of a prescribed court directing the Registrar not to withdraw the declaration.
 (2) At the end of the 2‑month period, if a court order has not been served on the Registrar as mentioned in paragraph (1)(b), the Registrar must notify the International Bureau that the change of ownership may be given effect in Australia.

17A.60  Recording change of ownership
  If the change of ownership has effect in Australia, the Registrar must record it in the Record of International Registrations.
Note: If regulation 17A.57, 17A.58 or 17A.59 does not apply to the trade mark, the change of ownership of the international registration has effect in Australia in accordance with the Protocol.

Division 10—Recording of claimed interests and rights

17A.61  Application to have claims recorded
 (1) A person who claims an interest in, or a right in respect of, a trade mark that is the subject of an IRDA or is a protected international trade mark may apply to the Registrar to have particulars of the claim recorded by the Registrar.
 (2) An application by a person under subregulation (1) must:
 (a) be made in an approved form; and
 (b) be accompanied by material supporting the person's interest in, or a right in respect of, the trade mark; and
 (b) be filed with the Trade Marks Office.

17A.62  Recording of claims
  If the application is made in