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TRADE MARKS REGULATIONS 1995 - REG 7.1 Period in which a trade mark can be registered

TRADE MARKS REGULATIONS 1995 - REG 7.1

Period in which a trade mark can be registered

  (1)   For the purposes of subsection   68(1) of the Act (which deals with registration), the period for the registration of a trade mark that has been accepted for registration is:

  (a)   except if paragraph   ( b) applies -- the period from the beginning of the day on which the acceptance is advertised in the Official Journal to the end of:

  (i)   the day that is 6 months after that day; or

  (ii)   if a later day is specified under subregulation   (2) or (3) -- the day specified in that subregulation; and

  (b)   in the case of the death of an applicant for registration of the trade mark -- within 12 months of the date of death or within such further period as the Registrar reasonably allows.

  (2)   If:

  (a)   proceedings in relation to the registration of the trade mark before a prescribed court or the AAT are not determined or otherwise disposed of; and

  (b)   the prescribed court or the AAT is satisfied that the registration of the trade mark cannot take place on or before the first - mentioned day in sub paragraph   ( 1 )( a )( i);

the prescribed court or the AAT may specify for the purposes of sub paragraph   ( 1 )( a )( ii) a day that is later than the first - mentioned day in sub paragraph   ( 1 )( a )( i).

  (3)   If:

  (a)   proceedings in relation to the registration of the trade mark are before the Registrar; and

  (b)   the Registrar is reasonably satisfied that:

  (i)   the registration of the trade mark cannot take place on or before the first - mentioned day in sub paragraph   ( 1 )( a )( i); and

  (ii)   it is appropriate to do so;

the Registrar may specify, for the purposes of sub paragraph   ( 1 )( a )( ii), a day that is later than the first - mentioned day in sub paragraph   ( 1 )( a )( i).