Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p65
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 163255–165826

Australia the protection resulting from international registration of a trade mark.

17A.12  Registrar to examine, and report on, IRDA
  If the Registrar receives from the International Bureau a notification of an IRDA, the Registrar must examine and report on:
 (a) whether the IRDA is in accordance with this Division; and
 (b) whether there are grounds under Subdivision 2 for rejecting it.

17A.13  Use of trade mark
 (1) The holder of an IRDA:
 (a) must be using, or must intend to use, the trade mark that is the subject of the IRDA in relation to the goods, services or goods and services listed in the IRDA; or
 (b) must have authorised, or intend to authorise, another person to use the trade mark in relation to those goods, services or goods and services; or
 (c) must intend to assign the trade mark to a body corporate that is about to be constituted with a view to the use by the body corporate of the trade mark in relation to the goods, services or goods and services.
 (2) If there is reason to suspect that the holder does not meet a requirement of subregulation (1) in relation to any of the goods or services mentioned in the IRDA, the Registrar may require the holder to make a declaration to the Registrar that those provisions apply to all of those goods and services.

17A.14  Specification of goods and services
 (1) The expression 'all goods', 'all services', 'all other goods' or 'all other services' must not be used in an IRDA to specify the goods or services in respect of which protection is sought.
 (2) If a term has been identified by the International Bureau as being:
 (a) too vague for the purposes of classification; or
 (b) incomprehensible; or
 (c) linguistically incorrect;
the term must not be used in an IRDA to specify the goods or services in respect of which protection is sought, unless the Registrar is satisfied that the term is sufficiently clear in the circumstances.
 (3) If the Registrar is reasonably satisfied that a term to be used in an IRDA to specify goods or services in respect of which protection is sought:
 (a) is too vague for the purposes of determining the scope of that protection; or
 (b) is incomprehensible; or
 (c) is linguistically incorrect;
then the term must not be used in the IRDA to specify the goods or services in respect of which protection is sought.

17A.14A  Representation of 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