Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 17A.42

Failure to renew international registration

             (1)  If the international registration of a trade mark that is a protected international trade mark is not renewed, the trade mark ceases to be a protected international trade mark when the international registration expires.

             (2)  However, if:

                     (a)  the international registration of a trade mark that is a protected international trade mark ( unrenewed protected international trade mark ) is not renewed; and

                     (b)  an application for the registration of the trade mark, or an IRDA, is made, or has already been made, by a person other than the holder of the unrenewed protected international trade mark;

                   the unrenewed protected international trade mark is taken to be a protected international trade mark for the purposes of the application or the IRDA, at any time when the registration of the unrenewed protected international trade mark could have been renewed under Article 7 of the Protocol.



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