Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p85
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 212333–215001

after the opposition period begins;
the trade mark that is the subject of the IRDA becomes a protected international trade mark at the end of the 7‑month period.

17A.37  Notice that trade mark is a protected international trade mark
 (1) If a trade mark becomes a protected international trade mark, the Registrar must:
 (a) publish that fact in a computer database maintained by the Trade Marks Office; and
 (b) record that fact in the Record of International Registrations.
 (2) The notice and record must include particulars of the conditions (if any) and the limitations (if any) to which the protection is subject.
 (3) As soon as practicable after receiving notice that a trade mark is a protected international trade mark, the holder must notify the Registrar, in writing, of the holder's address for service in Australia or New Zealand.

17A.38  Disclaimer
 (1) The holder of an IRDA or a protected international trade mark may, by notice in writing given to the Registrar, disclaim any exclusive right to use, or authorise the use of, a specified part of the relevant trade mark.
 (1A) A notice mentioned in subregulation (1) may be:
 (a) given to the Registrar by the holder of the IRDA; or
 (b) passed on to the Registrar by the International Bureau as part of an international application.
 (2) The disclaimer affects only the rights given under this Part to the holder when protection is extended to the trade mark.
 (3) The Registrar must, on extending protection to the trade mark or on receiving notice of the disclaimer (whichever is later), record in the Record of International Registrations the particulars of the disclaimer.
 (4) A disclaimer properly made cannot be revoked.

Division 4—Protected international trade marks—rights and protection

17A.39  Rights given to, and protection of, protected international trade marks
 (1) Subject to this Part, sections 20 to 26 of the Act and Parts 12, 13 and 14 of the Act (except section 128 of the Act) and regulations 3.2, 13.1, 13.2 and 13.3 apply in relation to a protected international trade mark.
 (2) For that application, a reference in those sections, Parts or regulations:
 (a) to a registered trade mark or a trade mark that is registered is taken to be a reference to the protected international trade mark or a trade mark that is a protected international trade mark; and
 (b) to a registered owner of a trade mark is taken to be a reference to the holder of the protected international trade mark; and
 (c) to goods or services in respect of which a trade mark is registered is taken to be a reference to goods or services covered by the protected international trade mark; and
 (d) to