Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p91
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 227542–230385

of which the protected international trade mark was protected before the exercise of a power mentioned in subregulation 17A.42A(1), the Commonwealth is not liable for any loss or damage suffered because of the seizure unless:
 (a) the Registrar gives the Comptroller‑General of Customs written notice in accordance with subregulation (1); and
 (b) the seizure occurs after the notice is given to the Comptroller‑General of Customs.
 (3) To avoid doubt, subregulation (2) does not, by itself, make the Commonwealth liable if the circumstances described in paragraphs (2)(a) and (b) exist.

17A.42F  Appeals to Federal Court or Federal Magistrates Court
  A person who made submissions to the Registrar, or was heard by the Registrar, during the course of proceedings mentioned in paragraph 17A.42C(1)(a), may appeal to the Federal Court or Federal Magistrates Court from a decision of the Registrar to exercise, or not exercise, a power mentioned in subregulation 17A.42A(1).

Subdivision 3—Amendment or cessation of protection by prescribed court

17A.43  Amendment or cessation of protection—contravention of condition
  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 in the Record of International Registrations relating to the protected international trade mark be removed or amended;
on the ground that a condition or limitation entered in the Record of International Registrations in relation to the protected international trade mark has been contravened.

17A.44  Amendment or cessation of protection—loss of exclusive rights to use trade mark
 (1) This regulation applies if section 24 or 25 of the Act, as applied by regulation 17A.39, (applied section 24 or 25) applies in relation to a particular protected international trade mark.
 (2) A prescribed court may, on the application of the Registrar or an aggrieved person, but subject to subregulation (3) and regulation 17A.46, order that:
 (a) the protection extended to the protected international trade mark cease; or
 (b) an entry in the Record of International Registrations relating to the protected international trade mark be removed or amended;
having regard to the effect of applied section 24 or 25 (as the case requires) on the right of the holder of the protected international trade mark to use the trade mark, or any sign that is part of the trade mark, in relation to particular goods or services.
 (3) If applied section 24 or 25 applies in relation to the trade mark because the trade mark contains a 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