Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p61
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 153137–155771

mark must file evidence in support of the application at, or as soon as practicable after, the time of filing of the application.

17.2  Defensive trade mark based on protected international trade mark
 (1) This regulation applies if, because of the extent to which a protected international trade mark has been used in relation to all or any of the goods or services in respect of which it is protected, it is likely that the use of the trade mark in relation to other goods or services would be taken to indicate that there is a connection between those other goods or services and the holder of the protected international trade mark.
 (2) The holder of the protected international trade mark may apply for its registration as a defensive trade mark in respect of any or all of the other goods or services.
 (3) Part 17 of the Act applies for the purposes of an application under subregulation (2) as if:
 (a) a reference in that Part to a registered trade mark were a reference to the protected international trade mark; and
 (b) a reference in that Part to goods or services in respect of which a trade mark is registered were a reference to goods or services protected by the protected international trade mark; and
 (c) a reference in that Part to the registered owner of a trade mark were a reference to the holder of the protected international trade mark; and
 (d) the reference in paragraph 187(c) of the Act to a trade mark that is not registered as a trade mark in the name of the applicant included a trade mark that is not a protected international trade mark held by the applicant; and
 (e) the reference in section 189 of the Act to a trade mark that is not registered in the name of the registered owner included a trade mark that is not a protected international trade mark held by the registered owner.

Part 17A—Protected international trade marks under the Madrid Protocol

Division 1—General

17A.1  Purpose of Part
  This Part provides for matters that enable the performance of the obligations of Australia, or obtain for Australia an advantage or benefit, under the Madrid Protocol.

17A.2  Definitions for Part
change of ownership includes assignment or transmission.
Contracting Party of the holder has the meaning given by Rule 1(xxvibis) of the Madrid Regulations.
date of international registration means the date recorded in the International Register as the international registration date for a trade mark in respect of which a request was made under Article 3ter (1) of the Protocol for extension of protection to Australia.
date of recording means the date recorded in the International Register as