Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p83
Version: federal_register_of_legislation:F2024C00893
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Character Range: 207345–210132

the declaration to the International Bureau during the declaration period.
 (5) On appeal from a declaration of the Registrar under subregulation (4), a prescribed court may:
 (a) allow a limitation according to its terms; or
 (b) declare, under Rule 27(5) of the Madrid Regulations, that the limitation has:
 (i) no effect in Australia; or
 (ii) partial effect in Australia.
 (6) A decision of a prescribed court under subregulation (5) has effect from the date the limitation was recorded in the International Register.
 (7) The Registrar must, after the expiration of the relevant appeal period, make any amendment to the Record of International Registrations that is necessary to give effect to a limitation allowed, or a declaration made, under this regulation.
 (8) In this regulation:
declaration period means the period of 18 months after the International Bureau notifies the Registrar that a holder has imposed a limitation on the IRDA.
limitation means a limitation, in respect of Australia, in relation to the goods or services mentioned in an international registration recorded in the International Register under Article 9bis (iii) of the Protocol.

Subdivision 4—Extension of protection

17A.36  When trade mark becomes a protected international trade mark
 (1) In this regulation:
appeal period, in relation to an opposition decision, means the period within which an appeal from the decision can be made under regulation 17A.34P, not including any extension of the period that the court may allow in a particular case.
 (2) If:
 (a) the Registrar accepts an IRDA; and
 (b) either:
 (i) no notice of intention to oppose is filed within the period (the relevant period) allowed under subregulation 17A.33(1) or that period as extended; or
 (ii) a notice of intention to oppose is filed within the period allowed under subregulation 17A.33(1) or that period as extended but no statement of grounds and particulars is filed within the period (the relevant period) allowed under subregulation 17A.34A(1) or that period as extended;
the trade mark that is the subject of the IRDA becomes a protected international trade mark at the end of the relevant period or that period as extended, as the case requires.
 (2A) If:
 (a) the Registrar accepts an IRDA; and
 (b) a notice of opposition to the IRDA is filed as mentioned in subregulation 17A.32(1); and
 (c) the opposition has been dismissed or withdrawn;
the trade mark that is the subject of the IRDA becomes a protected international trade mark after the opposition has been dismissed or withdrawn.
 (3) If:
 (a) the Registrar accepts an IRDA; and
 (b) a notice of opposition to the IRDA is filed as mentioned in subregulation 17A.32(1); and
 (c) the result of the decision on the opposition is that the trade mark that is