Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p67
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 167993–170709

Such a report is a provisional refusal for the purposes of the Protocol.
 (3) The report must include:
 (a) notice of the date by which the Registrar must notify his or her final decision on examination to the International Bureau; and
 (b) notice that the Registrar is not required to consider any response by the holder to the report unless the holder has notified the Registrar, in writing, of the holder's address for service in Australia or New Zealand.
Note: Under the Protocol, protection must be extended in Australia to a trade mark that is the subject of an IRDA at the end of 18 months after the International Bureau notifies the Trade Marks Office of the IRDA unless, before then, the International Bureau receives:
(a) notification of a provisional or final refusal from the Trade Marks Office; or
(b) notification of the possibility that oppositions may be filed after the 18‑month period.

17A.17  Examination—holder's response to report
 (1) The holder of the IRDA may respond in writing to the Registrar's report under regulation 17A.16.
 (2) The response may do any of the following:
 (a) contest a belief of the Registrar that is expressed in the report;
 (b) contest another matter that is mentioned in the report;
 (c) provide further documents or evidence in support of the IRDA;
 (d) request a hearing from the Registrar.
 (3) The holder must notify the Registrar, in writing, of the holder's address for service in Australia or New Zealand.

17A.18  Examination—further report to holder
 (1) If the holder has complied with subregulation 17A.17(3), the Registrar must:
 (a) consider the holder's response; and
 (b) if the holder requests a hearing, give the holder an opportunity to be heard.
 (2) If, after considering the response and (if a hearing is requested) the submissions to the hearing, the Registrar continues to believe that:
 (a) the IRDA is not in accordance with this Division; or
 (b) there are grounds under Subdivision 2 for rejecting it in whole or in part;
the Registrar must report that belief by notification to the holder.
 (3) Unless the acceptance of an IRDA is deferred under regulation 17A.21, a report under subregulation (2) about the IRDA must specify the date by which the Registrar must notify his or her final decision on examination to the International Bureau.
 (4) Regulation 17A.17 and this regulation apply to a report under subregulation (2) as if it were a report under regulation 17A.16.

17A.19  Examination—additional requirements
 (1) In the course of an examination of an IRDA for which a right of priority is claimed, the Registrar may notify the holder that the holder is required to file:
 (a) a copy of any earlier application certified in the