Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 17A.54

Effect of registration and protection of the same trade mark

  (1)   This regulation applies if:

  (a)   a trade mark that is a registered trade mark becomes a protected international trade mark; and

  (b)   the registered owner of the trade mark is the holder of the protected international trade mark; and

  (c)   all the goods and services covered by the registered trade mark are covered by the protected international trade mark.

  (2)   The date of effect of protection of the protected international trade mark in respect of all the goods and services covered by the registered trade mark is taken to be the date of registration of the registered trade mark.

  (3)   The protected international trade mark has the priority date of the registered trade mark in respect of all the goods and services covered by the registered trade mark.

  (4)   The holder of the protected international trade mark may file an application in the approved form for particulars of the international registration of the trade mark to be entered in the Register.

  (5)   If the Registrar receives an application under subregulation   (4), the Registrar must:

  (a)   enter the particulars in the Register; and

  (b)   notify the International Bureau in accordance with rule   21 of the Madrid Regulations.

  (6)   This regulation does not affect the rights and protections conferred under the Act in respect of the registered trade mark.


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