Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p72
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 180377–183012

as if a reference in those regulations to an application for registration of a trade mark were a reference to the IRDA.

17A.24  Final decision on examination
 (1) The Registrar must, after the examination, accept the IRDA unless he or she is satisfied that:
 (a) it is not in accordance with this Division; or
 (b) there are grounds for rejecting it.
 (2) The Registrar may accept the IRDA subject to conditions or limitations.
 (3) The Registrar must reject an IRDA, in whole or in part, if the Registrar is satisfied that:
 (a) it is not in accordance with this Division; or
 (b) there are grounds for rejecting it, in whole or in part.

17A.25  Notice of final decision on examination
 (1) If the Registrar decides to accept the IRDA as notified, the Registrar:
 (a) must publish the decision in a computer database maintained by the Trade Marks Office:
 (i) specifying the particulars of the IRDA; and
 (ii) stating that, unless a notice of opposition is filed as mentioned in subregulation 17A.32(1), the trade mark that is the subject of the IRDA will be protected in Australia in respect of the goods, services or goods and services in respect of which protection was sought; and
 (c) may notify the International Bureau, in writing, of the decision.
 (2) If the Registrar made a report under regulation 17A.16 in respect of the IRDA, the Registrar:
 (a) must notify the International Bureau of the final decision on examination in accordance with the Madrid Regulations; and
 (b) must notify the holder of the final decision on examination; and
 (c) if the final decision on examination is to accept the IRDA in whole or in part, must publish the decision in a computer database maintained by the Trade Marks Office:
 (i) specifying the particulars of the IRDA; and
 (ii) stating that, unless a notice of opposition is filed as mentioned in subregulation 17A.32(1), the trade mark that is the subject of the IRDA will be protected in Australia, to the extent of the final decision, in respect of the goods, services or goods and services in respect of which protection was sought.

17A.26  Appeal
 (1) Section 35 of the Act applies in relation to the Registrar's decision under regulation 17A.24 as if:
 (a) the reference in that section to an applicant were a reference to the holder of an IRDA; and
 (b) the reference in that section to accepting an application were a reference to accepting 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