Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TRADE MARKS REGULATIONS 1995 - REG 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 3 ter (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 3 ter (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.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback