Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p92
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 230164–232881

sign that:
 (a) has become generally accepted within the relevant trade as the sign that describes or is the name of an article, substance or service; or
 (b) describes or is the name of:
 (i) an article or substance that was formerly exploited under a patent; or
 (ii) a service that was formerly provided as a patented process;
the court may decide not to make an order under subregulation (2).
 (4) Instead, the court may allow the trade mark to continue to be protected in respect of:
 (a) the article or substance or other goods of the same description; or
 (b) the service or other services of the same description;
subject to any condition or limitation that the court imposes.

17A.45  Amendment or cessation of protection—other specified grounds
 (1) Subject to subregulation (2) and regulation 17A.46, a prescribed court may, on the application of the Registrar or an aggrieved person, order that:
 (a) the protection extended to a protected international trade mark cease; or
 (b) an entry wrongly made or remaining in the Record of International Registrations be removed or amended; or
 (c) a condition or limitation affecting the protection of a protected international trade mark be entered in the Record of International Registrations.
 (2) An application under this regulation may be made on any of the following grounds:
 (a) any of the grounds on which the extension of protection could have been opposed under regulation 17A.34;
 (b) because of circumstances applying when the application under this regulation is filed, the use of the trade mark is likely to deceive or cause confusion;
 (c) for a certification trade mark—the ground in section 177 of the Act as applied by regulation 17A.50;
 (d) if the application is in respect of an entry in the Record of International Registrations, the entry was made, or has been amended, as a result of fraud, false suggestion or misrepresentation.
 (e) because the Registrar wrongfully made a declaration under subregulation 17A.35B(3) or 17A.41A(3).

17A.46  Amendment or cessation may not be granted if holder not at fault etc
 (1) The court may decide not to grant an application made:
 (a) under regulation 17A.44; or
 (b) on the ground that the trade mark is liable to deceive or confuse (a ground referred to in paragraph 17A.45(2)(a)); or
 (c) on the ground referred to in paragraph 17A.45(2)(c);
if the holder of the protected international trade mark satisfies the court that the ground relied on by the applicant has not arisen through an act or fault of the holder.
 (2) In making a decision under subregulation (1), the court:
 (a) must take into account the following matters, so far as they are relevant:
 (i) the extent to which the public