Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p73
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 182780–185450

an IRDA; and
 (c) the reference in that section to rejecting an application were a reference to rejecting an IRDA in whole or in part.
 (2) The Registrar:
 (a) may inform the International Bureau of an appeal against the Registrar's decision; and
 (b) must inform the International Bureau of the decision on the appeal.

17A.27  Revocation of acceptance
 (1) If, before the trade mark that is the subject of the IRDA becomes a protected international trade mark, and before the end of 18 months after the International Bureau notified the Registrar of the IRDA, the Registrar becomes satisfied that:
 (a) the IRDA should not have been accepted, taking account of all the circumstances that existed when the IRDA was accepted (whether or not the Registrar knew then of their existence); and
 (b) it is reasonable to revoke the acceptance, taking account of all the circumstances;
the Registrar may revoke the acceptance of the IRDA.
 (2) If the Registrar revokes the acceptance of the IRDA:
 (a) the IRDA is taken never to have been accepted; and
 (b) this Subdivision again applies in relation to the IRDA.

Subdivision 2—Grounds for rejecting IRDA

17A.28  Grounds for rejecting IRDA
 (1) The grounds for rejecting an IRDA are the grounds set out in sections 39 to 44 of the Act, as affected by subregulation (2).
 (2) Sections 39 to 44 apply in relation to an IRDA as if:
 (a) a reference in those sections:
 (i) to an application for the registration of a trade mark were a reference to the IRDA; and
 (ii) to an applicant were a reference to the holder of the IRDA; and
 (b) the reference in paragraph 41(3)(b) to the filing date in respect of an application were a reference to the date of international registration or the date of recording, as applicable, in respect of the IRDA; and
 (c) each reference in subparagraphs 44(1)(a)(i) and (2)(a)(i) to a trade mark registered by another person included a protected international trade mark held by another person; and
 (d) each reference in subparagraphs 44(1)(a)(ii) and (2)(a)(ii) to a trade mark whose registration is being sought by another person included a trade mark in respect of which the extension of protection to Australia is being sought by another person.
 (3) The ground set out in section 177 of the Act is a ground for rejecting an IRDA that is for a certification trade mark.

Subdivision C—Opposition to IRDA

17A.29  Definitions
  In this Subdivision:
extension of protection means the extension of protection in Australia to the trade mark that is the subject of the IRDA.
notice of intention to defend means a notice filed under regulation 17A.34H.
notice of intention to oppose means a notice