Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p37
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 93448–96178

6.11  Registrar must notify parties of dismissal or discontinuance of opposition
  If an opposition is dismissed or discontinued, the Registrar must notify the parties of the dismissal or discontinuance.

Part 7—Registration of trade marks

Division 1—Initial registration

7.1  Period in which a trade mark can be registered
 (1) For the purposes of subsection 68(1) of the Act (which deals with registration), the period for the registration of a trade mark that has been accepted for registration is:
 (a) except if paragraph (b) applies—the period from the beginning of the day on which the acceptance is published in a computer database maintained by the Trade Marks Office in accordance with regulation 4.11A to the end of:
 (i) the day that is 6 months after that day; or
 (ii) if a later day is specified under subregulation (2) or (3)—the day specified in that subregulation; and
 (b) in the case of the death of an applicant for registration of the trade mark—within 12 months of the date of death or within such further period as the Registrar reasonably allows.
 (2) If:
 (a) proceedings in relation to the registration of the trade mark before a prescribed court or the ART are not determined or otherwise disposed of; and
 (b) the prescribed court or the ART is satisfied that the registration of the trade mark cannot take place on or before the first‑mentioned day in subparagraph (1)(a)(i);
the prescribed court or the ART may specify for the purposes of subparagraph (1)(a)(ii) a day that is later than the first‑mentioned day in subparagraph (1)(a)(i).
 (3) If:
 (a) proceedings in relation to the registration of the trade mark are before the Registrar; and
 (b) the Registrar is reasonably satisfied that:
 (i) the registration of the trade mark cannot take place on or before the first‑mentioned day in subparagraph (1)(a)(i); and
 (ii) it is appropriate to do so;
the Registrar may specify, for the purposes of subparagraph (1)(a)(ii), a day that is later than the first‑mentioned day in subparagraph (1)(a)(i).

7.2  Particulars to be entered in the Register
  For the purposes of paragraph 69(2)(c) of the Act (which deals with particulars), the following other particulars of a trade mark must be entered in the Register:
 (a) if the trade mark is registered as a certification trade mark, a collective trade mark or a defensive trade mark—an indication to that effect;
 (b) the date of the registration;
 (c) the date on which the Registrar enters the particulars of the registration in the Register under subsection 69(1) of the Act;
 (d) the particulars of any right of priority claimed under section 29 of the Act;
 (e) the filing date of the parent application on which any divisional application is