Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p82
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 204750–207601

which the grounds on which the IRDA was opposed have been established.
 (2) The Registrar must notify the International Bureau of the Registrar's decision.

17A.34P  Appeal
 (1) Section 56 of the Act applies in relation to the Registrar's decision on the opposition as if a reference in that section:
 (a) to an applicant were a reference to the holder of an IRDA; and
 (b) to a decision under section 55 of the Act were a reference to a decision under regulation 17A.34N.
 (2) If an appeal is made, the Registrar must tell the International Bureau of the decision on the appeal.

17A.34Q  Registrar may give direction
 (1) The Registrar may give a direction in relation to an opposition to which this Division applies:
 (a) if requested by a party in writing; or
 (b) on the Registrar's own initiative.
 (2) If the Registrar proposes to give a direction, the Registrar must give the parties an opportunity to make representations about the direction.
 (3) A direction must not be inconsistent with the Act or these Regulations.
 (4) The Registrar must notify the parties of the direction as soon as practicable.

17A.35  Registrar must notify parties of dismissal or discontinuance of opposition
  If an opposition is dismissed under regulation 17A.34B or discontinued, the Registrar must notify the parties of the dismissal or discontinuance.

Subdivision 3A—Cancellation or limitation of an international registration

17A.35A  Cancellation
  If the International Bureau cancels an international registration in whole or in part the IRDA ceases, to the extent of the cancellation, when the international registration is cancelled.

17A.35B  Duties and powers of Registrar—notification of limitation by International Bureau
 (1) This regulation applies if the International Bureau notifies the Registrar that a holder of an international registration in respect of a trade mark that is the subject of an IRDA but has not become protected, has placed a limitation on the registration.
 (2) Subject to this regulation, a limitation mentioned in subregulation (1) has effect from the date the limitation was recorded in the International Register in accordance with Rule 27(1) of the Madrid Regulations.
 (3) The Registrar may, within the declaration period declare, under Rule 27(5) of the Madrid Regulations, that the limitation has:
 (a) no effect on the IRDA; or
 (b) partial effect on the IRDA.
 (4) A declaration under subregulation (3):
 (a) has effect from the date the limitation was recorded in the International Register; and
 (b) is not effective unless the Registrar sends a copy of the declaration to the International Bureau during the declaration period.
 (5) On appeal from a declaration of the Registrar under subregulation (4), a prescribed court may:
 (a) allow a limitation according to its terms; or
 (b) declare, under Rule 27(5)