Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p88
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 219996–222829

for the registration of the trade mark, or an IRDA, is made, or has already been made, by a person other than the holder of the unrenewed protected international trade mark;
  the unrenewed protected international trade mark is taken to be a protected international trade mark for the purposes of the application or the IRDA, at any time when the registration of the unrenewed protected international trade mark could have been renewed under Article 7 of the Protocol.

Subdivision 2—Amendment or cessation of protection by Registrar

17A.42A  Registrar's powers to amend or cease protection
 (1) If all the conditions in subregulation (2) are met, the Registrar may do any of the following:
 (a) declare that the protection extended to a protected international trade mark is ceased;
 (b) impose a condition or limitation on the protection extended to a protected international trade mark;
 (c) if a protected international trade mark is already subject to a condition or limitation—impose or substitute an additional or different condition or limitation on the protection extended to the protected international trade mark;
 (d) remove or amend an entry in the Record of International Registrations relating to a protected international trade mark.
 (2) For subregulation (1) the conditions are as follows:
 (a) within 12 months after the trade mark became a protected international trade mark the Registrar gave notice in writing of the Registrar's intention to exercise a power or powers mentioned in subregulation (1), to:
 (i) the holder of the protected international trade mark; and
 (ii) any person recorded under regulation 17A.62 as claiming an interest or right in respect of the protected international trade mark;
 (b) the Registrar gave the opportunity to be heard to each person mentioned in subparagraph (a)(i) or (ii), in relation to the Registrar's intention to exercise a power mentioned in subregulation (1);
 (c) the Registrar is satisfied, having regard to all the circumstances that existed when the trade mark became a protected international trade mark (whether or not the Registrar knew then of their existence), and the grounds on which the extension of protection could have been opposed under regulation 17A.34, that:
 (i) the trade mark should not have become protected for some or all of the goods or services in respect of which it is protected; or
 (ii) the protection of the trade mark should have been subject to a condition or limitation, or an additional or different condition or limitation;
 (d) the Registrar is satisfied that is it reasonable to exercise the power or powers mentioned in subregulation (1).
 (3) For paragraph (2)(c), the circumstances to which the Registrar must have regard include the following:
 (a) any error or omission (including an error or omission of judgment) that