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TRADE MARKS REGULATIONS 1995 - REG 22.28

Amendments made by Part 3 of Schedule 1

    The amendments made by Part   3 of Schedule   1 to the Intellectual Property Laws Amendment (Regulator Performance) Regulations   2024 apply as set out in the following table.

 

Transitional provisions

Item

Column 1

The amendments made by:

Column 2

apply in relation to:

1

items   4 and 5

an AFS request made under regulation   3A.3 if the request is:

(a) submitted after the commencement of this regulation; or

(b) amended after the commencement of this regulation

2

item   6

an application made under section   27 of the Act if the application:

(a) is filed after the commencement of this regulation; or

(b) was filed before the commencement of this regulation, but has not been published as at that commencement

3

items   7, 8 and 11

a decision made under section   33 of the Act in relation to an application made under section   27 of the Act, if the decision:

(a) is made after the commencement of this regulation (whether the application is made before, on or after that commencement); or

(b) was made before the commencement of this regulation, but has not been advertised as at that commencement

4

items   9 and 10

a request for amendment made under section   65A of the Act if the request is made after the commencement of this regulation

5

item   12

a trade mark registered under section   68 of the Act if the trade mark is registered after the commencement of this regulation

6

items   13 and 14

a request for amendment made under section   83A of the Act if the request is made after the commencement of this regulation

7

items   16, 17, 40 and 41

an application made under section   92 of the Act if the application is made after the commencement of this regulation

8

item   18

a recording or registration made under section   110 of the Act in relation to an application made under section   109 of the Act, if the recording or registration is made after the commencement of this regulation (whether the application is made before, on or after that commencement)

9

items   19 to 29 and 49

an initial assessment made under regulation   16.3 in relation to an application under section   27 of the Act, if the initial assessment:

(a) is made after the commencement of this regulation (whether the application is made before, on or after that commencement); or

(b) was made before the commencement of this regulation, but has not been advertised as at that commencement

10

item   30

a decision made under section   175 of the Act in relation to an application made under section   27 of the Act, if the decision:

(a) is given after the commencement of this regulation (whether the application is made before, on or after that commencement); or

(b) was given before the commencement of this regulation, but has not been advertised as at that commencement

11

items   31 and 34

a decision made under section   176 of the Act in relation to an application made under section   27 of the Act, if the decision:

(a) is made after the commencement of this regulation (whether the application is made before, on or after that commencement); or

(b) was made before the commencement of this regulation, but has not been advertised as at that commencement

12

items   32 and 33

a decision made under section   178 of the Act in relation to an application made under regulation   16.8, if the decision:

(a) is made after the commencement of this regulation (whether the application is made before, on or after that commencement); or

(b) was made before the commencement of this regulation, but has not been published as at that commencement

13

items   35 to 37

a decision made under regulation   17A.24, if the decision:

(a) is made after the commencement of this regulation (whether the application is made before, on or after that commencement); or

(b) was made before the commencement of this regulation, but the decision has not been notified as at that commencement

14

item   38

a trade mark that becomes a protected international trade mark under regulation   17A.36 if the trade mark becomes protected after the commencement of this regulation

15

item   42

a decision made under regulation   20A.18 in relation to an application made under 20A.10, if the decision:

(a) is made after the commencement of this regulation (whether the application is made before, on or after that commencement); or

(b) was made before the commencement of this regulation, but has not been published as at that commencement

16

item   43 (new regulation   21.3A)

a determination made under section   213A of the Act if the determination is made after the commencement of this regulation

17

item   43 (new regulation   21.3B)

a direction given under section   213B of the Act if the direction is given after the commencement of this regulation

18

item   43 (new regulation   21.3C)

a direction given under section   213C of the Act if the direction is given after the commencement of this regulation

19

item   44

an application, notice or request withdrawn in accordance with regulation   21.9, if the application, notice or request:

(a) is withdrawn after the commencement of this regulation; or

(b) was withdrawn before the commencement of this regulation, but the withdrawal has not been advertised as at that commencement

20

items   45 and 46

an application made under section   224 of the Act if the application is made after the commencement of this regulation

21

item   47

a determination made under section   223AA of the Act if the determination is made after the commencement of this regulation

22

item   48

a declaration made under section   223A of the Act if the declaration is made after the commencement of this regulation



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