Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p94
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 235227–237882

the Registrar proposes to make a decision on the Registrar's own initiative under this Subdivision.
 (2) The Registrar must:
 (a) for paragraph (1)(a)—notify the other party of the request, including by giving the other party a copy of the request; or
 (b) for paragraph (1)(b)—notify the parties of the proposed decision.
 (3) If the Registrar proposes to grant the request, the Registrar must give the parties an opportunity to make representations:
 (a) in writing; or
 (b) at a hearing; or
 (c) by other means that the Registrar states in the notification.
 (4) The Registrar must notify the parties of the Registrar's decision.

17A.48C  Application for cessation of protection
 (1) A person may make an application for cessation of protection.
 (2) However, an application may not be made under subregulation (1) if an action concerning the protected international trade mark is pending in a prescribed court.
 (3) If subregulation (2) applies, a person may apply to the court for an order directing the Registrar to cease protecting the protected international trade mark.

17A.48D  Cessation of protection
 (1) Part 9 of the Act and Part 9 of these Regulations apply in relation to an application for cessation of protection.
 (2) For that application, a reference in those Parts:
 (a) to a registered trade mark or a trade mark that is registered, or entered on the Register, is taken to be a reference to a trade mark that is, or may become, a protected international trade mark; and
 (b) to removing a trade mark from the Register is taken to be a reference to the cessation of protection of the trade mark; and
 (c) to an application for registration of a trade mark is taken to be a reference to an international registration designating Australia; and
 (d) to an applicant for registration of a trade mark is taken to be a reference to the holder of an international registration designating Australia; and
 (e) to a registered owner of a trade mark is taken to be a reference to the holder of a protected international trade mark; and
 (f) to an application under section 92 is taken to be a reference to an application for cessation of protection; and
 (g) to the date the application for registration of the trade mark was filed, or the filing date in respect of the application for the registration of the trade mark, is taken to be a reference to:
 (i) if the request for extension of protection to Australia was made under Article 3ter (1) of the Protocol—the date of international registration of the trade mark; or
 (ii) if the request for extension of protection to Australia was made under Article 3ter (2) of the Protocol—the date