Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For section 189A of the Act, and in addition to anything in Part 5 of the Act, the registration of a trade mark may be opposed on the grounds for rejection mentioned in regulation 4.15A.
Note Under subsection 189A (3) of the Act, regulations made for the purposes of section 189A:
(a) may be inconsistent with the Act; and
(b) prevail over the Act (including any other regulations or other instruments made under the Act), to the extent of any inconsistency.
(2) To avoid doubt, and subject to subsection 52 (2) of the Act:
(a) the registration of a trade mark may be opposed on the grounds mentioned in subregulation (1) even if the application for registration of the trade mark was lodged before the commencement of the Trade Marks Amendment Regulations 2005 (No. 1) ; and
(b) if:
(i) a person filed a notice of opposition to the registration of a trade mark before the commencement of the Trade Marks Amendment Regulations 2005 (No. 1) ; and
(ii) the notice is stated to have been filed on the grounds mentioned in regulation 4.15A (whether or not the notice states other grounds);
the notice of opposition is taken, on and after the commencement of those Regulations, to have been validly filed on the grounds mentioned in regulation 4.15A; and
(c) if:
(i) a person filed a notice of opposition to the registration of a trade mark before the commencement of the Trade Marks Amendment Regulations 2005 (No. 1) ; and
(ii) the notice is stated to have been filed on the grounds mentioned in section 44 of the Act (whether or not the notice states other grounds); and
(iii) the person was not entitled to file the notice on those grounds;
the notice of opposition is taken, on and after the commencement of those Regulations, to have been validly filed on the grounds mentioned in section 44 of the Act.