Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p66
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 165617–168224

trade marks
  If the representation of a trade mark in an IRDA includes words of a language other than English, the holder of the IRDA must file a translation of the words into English, if required to do so by the Registrar.
Note: Rule 9(4)(a)(xii) of the Madrid Regulations provides that a transliteration is required if the trade mark consists of or contains matter in characters other than Latin characters or numbers expressed in numerals other than Arabic or Roman numerals.

17A.15  Claim for priority
 (1) If:
 (a) a person has made an application for the registration of a trade mark in 1 or more Convention countries; and
 (b) within 6 months after the day on which that application, or the first of those applications, was made, that person or another person (successor in title) of whom that person is a predecessor in title makes an IRDA in respect of some or all of the goods, services or goods and services in respect of which registration was sought in that country or those countries;
that person or that person's successor in title may claim a right of priority for the protection of the trade mark in respect of any or all of those goods, services or goods and services.
 (2) The right of priority must be claimed in the IRDA that is notified to the Registrar in accordance with this Division.
Note: Rule 9(4)(iv) of the Madrid Regulations contains requirements relating to claims for priority.
 (3) The priority claimed is for the protection of the trade mark in respect of the goods, services or goods and services:
 (a) if an application to register the trade mark was made in only 1 Convention country—from (and including) the day on which the application was made in that country; or
 (b) if applications to register the trade mark were made in more than 1 Convention country—from (and including) the day on which the earliest of those applications was made.
Note: For Convention country see section 225 of the Act.

17A.16  Examination of IRDA—report to holder
 (1) If, in the course of an examination of an IRDA, the Registrar reasonably believes that:
 (a) the IRDA is not in accordance with this Division; or
 (b) there are grounds under Subdivision 2 for rejecting it in whole or in part;
the Registrar must send a report in accordance with rule 17 of the Madrid Regulations to the holder through the intermediary of the International Bureau.
 (2) Such a report is a provisional refusal for the purposes of the Protocol.
 (3) The report must include:
 (a) notice of the date by which the Registrar must notify his or her final decision on examination to the International Bureau;