Document ID: chunk:federal_register_of_legislation:F2024C00893:clause:9_39:p1
Version: federal_register_of_legislation:F2024C00893
Segment Type: clause
Provision Reference: sch 9 cl 39 (pt 1/13)
Character Range: 451716–454742

39    Applying to be restored to the Register of Trade Marks Attorneys, as authorised by regulation 20A.22                                                                                                                                                                                                                    $350

 (2) For the purposes of items 7A and 7B of the table in subclause (1), a ground set out in a statement of grounds and particulars is covered by this subclause if the ground is not:
 (a) the ground in section 58A of the Act; or
 (b) if the statement of grounds and particulars sets out both the ground in section 44 of the Act and the ground in regulation 4.15A—the ground in regulation 4.15A.
 (3) For the purposes of items 7A and 7B of the table in subclause (1), a trade mark is covered by this subclause in relation to a statement of grounds and particulars if the trade mark is either:
 (a) if the statement of grounds and particulars is filed under regulation 5.7—a trade mark that the statement claims the applicant's trade mark is substantially identical with or deceptively similar to for the purposes of one or both of the grounds in section 44 of the Act and regulation 4.15A; or
 (b) if the statement of grounds and particulars is filed under regulation 17A.34A—a trade mark that the statement claims the trade mark to which the IRDA relates is substantially identical with or deceptively similar to for the purpose of the ground in section 44 of the Act (as applied by regulation 17A.28).

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