Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p89
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 222570–225276

reasonable to exercise the power or powers mentioned in subregulation (1).
 (3) For paragraph (2)(c), the circumstances to which the Registrar must have regard include the following:
 (a) any error or omission (including an error or omission of judgment) that led directly or indirectly to the trade mark becoming protected for some or all of the goods or services in respect of which it is protected;
 (b) any relevant obligation of Australia under an international agreement;
 (c) any special circumstances making it appropriate, in the opinion of the Registrar, that:
 (i) the trade mark not be protected for some or all of the goods or services in respect of which it is protected; or
 (ii) the protection of the trade mark be subject to a condition or limitation, or an additional or different condition or limitation.
 (4) For paragraph (2)(d), in deciding whether or not it is reasonable to exercise a power or powers, the matters to which the Registrar must have regard include the following:
 (a) any use that has been made of the trade mark;
 (b) any past, current or proposed legal proceedings relating to the trade mark as a protected international trade mark or seeking amendment or cessation of its protection;
 (c) any other action taken in relation to the trade mark as a protected international trade mark;
 (d) any special circumstances making it appropriate for the Registrar to exercise or not to exercise a power or powers mentioned in subregulation (1).
 (5) The Registrar does not have a duty to consider whether or not to exercise a power under this Subdivision, whether or not the Registrar has been requested to do so.

17A.42B  Notice to be given
 (1) For paragraph 17A.42A(2)(a), the Registrar may give a written notice to the holder by sending it to:
 (a) the address for service in Australia or New Zealand recorded for the holder in the Record of International Registrations; or
 (b) if there is no address for service recorded for the holder in the Record of International Registrations—the address for the holder.
 (2) The Registrar may notify any person if the Registrar is satisfied that it would be reasonable to do so in all the circumstances.

17A.42C  Hearings and procedure
 (1) The Registrar may conduct the following hearings under this Subdivision:
 (a) a hearing at which the Registrar may determine whether or not to exercise a power or powers mentioned in subregulation 17A.42A(1);
 (b) a preliminary hearing at which the Registrar may give directions as to the procedure to be adopted in a hearing mentioned in paragraph (a).
 (2) The Registrar may determine the procedure to be adopted in a hearing under this subdivision as the Registrar sees fit, according