Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p63
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 158131–160901

international trade mark in respect of particular goods or services is the date of effect of the protection of the trade mark in respect of those goods or services.

17A.4  Meaning of date of effect
 (1) Subject to subregulation (2), the date of effect of the protection of a protected international trade mark is:
 (a) if the request for extension of protection to Australia was made under Article 3ter (1) of the Protocol—the date of international registration of the trade mark; or
 (b) if the request for extension of protection to Australia was made under Article 3ter (2) of the Protocol—the date of recording of the request.
 (2) If:
 (a) the request for extension of protection to Australia was in respect of a trade mark whose registration had also been sought in 1 or more Convention countries; and
 (b) the holder claimed a right of priority under regulation 17A.15 for protection of the trade mark in respect of particular goods or services; and
 (c) the trade mark is a protected international trade mark;
the protection of the trade mark is taken to have had effect:
 (d) if an application to register the trade mark was made in only 1 Convention country—from (and including) the day on which the application was made in that country; or
 (e) if applications to register the trade mark were made in more than 1 Convention country—from (and including) the day on which the earliest of those applications was made.

Division 2—Application for international registration of a trade mark

17A.5  Purpose of Division
  This Division makes provision for dealing with applications for international registration of trade marks that are to be filed with the International Bureau through the intermediary of the Trade Marks Office.

17A.6  Eligibility to apply for international registration
 (1) A person who is:
 (a) the registered owner of a registered trade mark; or
 (b) an applicant for registration of a trade mark;
  may apply for international registration of the trade mark.
 (2) The person must:
 (a) be an Australian citizen; or
 (b) be domiciled in Australia; or
 (c) have a real and effective industrial or commercial establishment in Australia.
Note: These requirements are stated in Article 2(1)(ii) of the Protocol.
 (3) Two or more persons may jointly apply for international registration of a trade mark as allowed by rule 8 of the Madrid Regulations.

17A.7  Application for international registration
 (1) Subject to subregulation (2), the application must:
 (a) comply with the requirements of the Protocol; and
 (b) be filed with the International Bureau through the intermediary of the Trade Marks Office.
 (2) The applicant must use the official form issued by the International Bureau or another form that requires the same information and