Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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.