Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p74
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 185217–187911

of protection means the extension of protection in Australia to the trade mark that is the subject of the IRDA.
notice of intention to defend means a notice filed under regulation 17A.34H.
notice of intention to oppose means a notice filed under regulation 17A.33.
notice of opposition means:
 (a) a notice of intention to oppose; and
 (b) a statement of grounds and particulars.
opponent means a person who files:
 (a) a notice of intention to oppose; and
 (b) a statement of grounds and particulars.
party means an IRDA holder or opponent.
statement of grounds and particulars means a statement by an opponent that sets out:
 (a) the grounds on which the opponent intends to rely; and
 (b) the facts and circumstances forming the basis for the grounds.
Note: The following terms are defined in section 6 of the Act:
(a) applicant;
(b) approved form;
(c) employee;
(d) file;
(e) month;
(f) person.

17A.31  Notification and opportunity to make representations
 (1) This regulation applies if:
 (a) a party makes a request to the Registrar under this Subdivision; or
 (b) the Registrar proposes to make a decision on the Registrar's own initiative under this Subdivision.
 (2) The Registrar must:
 (a) for paragraph (1)(a)—notify the other party of the request, including by giving the other party a copy of the request; or
 (b) for paragraph (1)(b)—notify the parties of the proposed decision.
 (3) If the Registrar proposes to grant the request, the Registrar must give the parties an opportunity to make representations:
 (a) in writing; or
 (b) at a hearing; or
 (c) by other means that the Registrar states in the notification.
 (4) The Registrar must notify the parties of the Registrar's decision.

17A.32  Filing of notice of opposition
 (1) A notice of opposition is taken to be filed when the notice of intention to oppose and the statement of grounds and particulars have been filed under regulations 17A.33 and 17A.34A.
 (2) The Registrar must notify the International Bureau of the filing of the notice of opposition in accordance with rule 17, as applicable, of the Madrid Regulations.

17A.33  Filing of notice of intention to oppose
 (1) If the Registrar publishes the acceptance of an IRDA in a computer database maintained by the Trade Marks Office in accordance with regulation 17A.25, a person may oppose the extension of protection by filing a notice of intention to oppose within 2 months from the publication of the acceptance.
 (2) The notice must be in an approved form.
 (3) The Registrar must give a copy of the notice to the holder of the IRDA.

17A.34  Grounds for opposing IRDA
 (1) The extension of protection may be opposed on any of the grounds on which an IRDA