Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p69
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 172861–175530

or of an extended period mentioned in subregulation (3), application must be made under section 224 of the Act.
Note 2: If a period mentioned in subregulation (1) has been extended by 6 months, any application for a further extension of time must be made under section 224 of the Act.

17A.21  Deferment of acceptance
 (1) The Registrar may, at the written request of the holder, defer acceptance of an IRDA if:
 (a) the request is made within a period mentioned in subregulation 17A.20(1) or that period as extended under regulation 17A.20 or section 224 of the Act; and
 (b) the Registrar reasonably believes that there are grounds for rejecting the IRDA under subsection 44(1) or (2) of the Act (as applied by regulation 17A.28) because of another trade mark:
 (i) that is registered by another person; or
 (ii) that is a protected international trade mark; or
 (iii) in respect of which an application for registration, or an IRDA, has been made by another person; and
 (c) the holder:
 (i) is awaiting the finalisation of proceedings in respect of the application for registration of the other trade mark or the IRDA; or
 (ii) is seeking to satisfy the Registrar as to:
 (A) a matter mentioned in paragraph 44(3)(a) or (b) of the Act (as applied by regulation 17A.28); or
 (B) the matters mentioned in subsection 44(4) of the Act (as applied by regulation 17A.28);
  in relation to the holder's trade mark and the other trade mark; or
 (iii) has filed an application under section 92 of the Act or subregulation 17A.48C(1) in respect of the other trade mark and is awaiting the finalisation of proceedings in respect of that application; or
 (iv) has begun proceedings to have the Register or the Record of International Registrations rectified in respect of the other trade mark and the proceedings have not been determined or otherwise disposed of; or
 (v) is awaiting renewal of the registration of the other trade mark in the period of 6 months after registration of the other trade mark has expired, or removal of the other trade mark from the Register; or
 (vi) is awaiting renewal of the international registration of the other trade mark in the period of 6 months after the international registration has expired, or removal of the other trade mark from the International Register.
 (2) The Registrar may, on his or her own initiative, defer acceptance of the IRDA within the period mentioned in subregulation 17A.20(1), or (if such a period is extended under section 224 of the Act or subregulation 17A.20(4)) the extended period, if:
 (a) the time within which proceedings mentioned in paragraph (b) may be begun, or an application mentioned in paragraph