Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p86
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 214774–217570

the protected international trade mark; and
 (c) to goods or services in respect of which a trade mark is registered is taken to be a reference to goods or services covered by the protected international trade mark; and
 (d) to the date of registration of a trade mark is taken to be a reference to the date of effect of the protection of the trade mark; and
 (e) to the Register is taken to be a reference to the Record of International Registrations; and
 (f) to a trade mark the registration of which has ceased is taken to be a reference to a protected international trade mark in relation to which the extension of protection in Australia has ceased.
Note: See regulation 17A.4 for the meaning of date of effect.
 (3) Also for that application:
 (a) the reference in paragraph 127(b) of the Act to a defendant having applied under subsection 92(3) for an order directing the Registrar to remove a trade mark from the Register is taken to be a reference to the defendant having applied under subregulation 17A.48C(3) for an order directing the Registrar to cease protection; and
 (b) the reference in paragraph 129(1)(b) of the Act to a trade mark alleged to be registered is taken to be a reference to a trade mark alleged to be a protected international trade mark; and
 (c) the reference in regulation 13.1 to the particulars of registration of the registered trade mark is taken to be a reference to the particulars of the protected international trade mark recorded in the Record of International Registrations.

17A.40  Circumstances in which action may not be brought
  If the international registration of a trade mark is renewed within 6 months after it has expired, an action may not be brought in respect of an act that:
 (a) infringed the trade mark; and
 (b) was done after the international registration had expired and before it was renewed.
Note: Article 7(4) of the Protocol provides for a 6‑month period of grace for renewal of international registration.

Division 5—Protected international trade marks—amendment or cessation of protection

Subdivision 1—Amendment or cessation of protection because of cancellation, limitation or non‑renewal of international registration

17A.41  Cancellation of international registration
  If the International Bureau cancels, in whole or in part, the international registration of a trade mark that is a protected international trade mark, the trade mark ceases to be a protected international trade mark, to the extent of the cancellation, when the international registration is cancelled.

17A.41A  Duties and powers of Registrar—notification of limitation by International Bureau
 (1) This regulation applies if the International Bureau notifies the Registrar that a holder of an international registration in respect of a protected