IPA trademark 4.13-final-decision-on-provisional-refusal-based-on-examination — IP Australia Trade Marks Manual of Practice and Procedure – 60.4.13 Final decision on provisional refusal based on examination

4.13.1 Relevant Legislation Madrid Protocol Article 5 Refusal and Invalidation of Effects of International Registration in Respect of Certain Contracting Parties Article 6 Period of Validity of International Registration; Dependence and Independence of International Registration Madrid Protocol Regulations ​​​​​​​ Rule 15 Date of the International Registration Rule 16 Time Limit for Notifying Provisional Refusal Based on an Opposition Rule 17 Provisional Refusal Rule 18 Irregular Notification of Provisional Refusal Rule 18bis Interim Status of a Mark in a Designated Contracting Party Rule 18ter Final Disposition on Status of a Mark in a Designated Contracting Party Trade Marks Regulations 1995 Reg 17A.24 Final decision on examination Reg 17A.25 Notice on final decision on examination Trade Marks Office Manual of Practice and Procedure Part 18 Finalisation of Application for Registration 4.13.2 General Description Whenever a designated country issues a provisional refusal, whether based on examination or opposition, a final decision must be notified to the IB at the end of the relevant processes in that designated country. There is no provision for lapsing in the Madrid Protocol. International registrations do not lapse but they can be refused. Part 17A of the Regulations provides that the holder has 15 months from the date of provisional refusal in which to overcome the grounds of refusal. When an IRDA has reached the end of the 15 month period or the end of that period as extended, the Registrar must notify the IB of the final decision regarding the provisional refusal based on examination. The Final Decision could be: confirmation of a total provisional refusal statement of grant of protection following a provisional refusal for all goods and/or services for which protection has been requested OR for some of the goods and/or services for which protection has been requested 4.13.2.1 No response from holder If a holder has not replied to a partial refusal within the 15 months period allowed for overcoming the refusal, IP Australia will notify the IB of the final decision. In this situation the final decision will be notification of protection of the IRDA for the goods and/or services which did not attract the refusal. 4.13.2.2 Acceptance A final decision is also notified to the IB when the grounds of refusal are overcome and protection is extended to an IRDA before the end of the 15 month period.