Commonwealth Consolidated Regulations

TRADE MARKS REGULATIONS 1995 - REG 17A.49

  (1)   The provisions of this Part, of the Act as applied by this Part, and sections   164 to 167 of the Act, apply in relation to a collective trade mark that is the subject of an IRDA or that is a protected international trade mark.

Note:   See section   162 of the Act for the meaning of collective trade mark .

  (2)   For that application:

  (a)   a reference to a trade mark is taken to include a collective trade mark; and

  (b)   a reference to an application for the registration of a collective trade mark is taken to be a reference to an IRDA in respect of the collective trade mark; and

  (c)   a reference to an association in whose name a collective trade mark is registered is taken to be a reference to the association that is the holder of the relevant protected international collective trade mark; and

  (d)   despite subparagraph   17A.28(2)(a)(ii), a reference in section   41 of the Act to the applicant is taken to be a reference to the members of the association that is the holder of the relevant IRDA; and

  (e)   the use of a collective trade mark by a member of the association that is the holder of the relevant IRDA or protected international collective trade mark is taken to be a use of the collective trade mark by the holder.

  (3)   In this regulation:

"protected international collective trade mark" means a collective trade mark that is a protected international trade mark.