72Recommendation by Registrar of Trade Marks to determine foreign GI or translation of foreign GI despite objection being made out

72 Recommendation by Registrar of Trade Marks to determine foreign GI or translation of foreign GI despite objection being made out

(1) If: (a) the Registrar of Trade Marks decides that the ground of objection is made out; and (b) the Registrar of Trade Marks is satisfied that it is reasonable in the circumstances to recommend to the Geographical Indications Committee that the proposed item be determined despite the objection having been made out; the Registrar of Trade Marks may make that recommendation to the Committee in writing.

Note 1: For example, it may be reasonable for the Registrar of Trade Marks to make such a recommendation if the Registrar of Trade Marks is satisfied that the proposed item was in use in Australia before the trade mark rights arose.

Note 2: If a recommendation is made under this section, the Committee may determine a GI or a translation of a GI: see subsection 90(5).

(2) In determining whether it is reasonable in the circumstances to make the recommendation, the Registrar of Trade Marks must have regard to Australia’s international obligations.