Document ID: chunk:federal_register_of_legislation:F2024C00893:reg:5:p6
Version: federal_register_of_legislation:F2024C00893
Segment Type: reg
Provision Reference: reg 5 (pt 6/8)
Character Range: 358409–361158

continues in relation to the matter.

22.4  Certain deferments continue
 (1) If:
 (a) the Registrar has deferred acceptance of an application for registration of a trade mark under subsection 33(3) of the Trade Marks Act 1955; and
 (b) the deferment was in force immediately before the commencement of these regulations;
the deferment is in force under subregulation 4.13(1) after the commencement of these regulations as if the Registrar had deferred acceptance of the application on the day on which it was deferred under the Trade Marks Act 1955.
 (2) Subject to paragraph 4.14(2)(a), the deferment period for an application referred to in subregulation (1) ends:
 (a) when the Registrar is reasonably satisfied that there are no longer grounds for rejecting the application under subsection 44(1) or (2) of the Act because of another trade mark in respect of which an application for registration has been made by another person; or
 (b) if the period does not end in accordance with paragraph (a)—when proceedings in respect of the application for registration of the other trade mark are finalised.
 (3) If acceptance of the application is deferred as a result of the operation of more than 1 provision of these regulations, the deferment period ends in accordance with whichever of the provisions of:
 (a) paragraph (2)(b); and
 (b) subregulation 4.14(3), other than paragraph 4.14(3)(a);
under which the deferment period ends later or last, as the case requires.

22.5  Certain extensions of time continue
  If:
 (a) the Registrar has extended a period of time under section 130 or 131 of the Trade Marks Act 1955; and
 (b) the extended period of time had not ended before the commencement of these regulations;
the period ends when it would have ended if that section had continued to be in force.

22.6  Deferment of acceptance—certain applications
  If:
 (a) an applicant requests the Registrar to defer acceptance of an application for registration of a trade mark because of another trade mark that is registered by another person; and
 (b) the applicant has lodged an application under section 23 of the Trade Marks Act 1955 in respect of the other trade mark;
then:
 (c) regulation 4.13 applies in relation to the first‑mentioned application as if the reference in subparagraph 4.13(1)(c)(iii) to an application under section 92 were a reference to an application under section 23 of the Trade Marks Act 1955; and
 (d) regulation 4.14 applies in relation to that application as if the reference in paragraph 4.14(3)(c) to Part 9 of the Trade Marks Act 1995 were a reference to section 23 of the Trade Marks Act 1955.

22.7  Trade marks attorneys
  For registration as a trade marks attorney, a person is taken to meet the requirements