Commonwealth Consolidated Acts

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Revocation of acceptance

             (1)  Before a trade mark is registered, the Registrar may revoke the acceptance of the application for registration of the trade mark if he or she is satisfied that:

                     (a)  the application should not have been accepted, taking account of all the circumstances that existed when the application was accepted (whether or not the Registrar knew then of their existence); and

                     (b)  it is reasonable to revoke the acceptance, taking account of all the circumstances.

             (2)  If the Registrar revokes the acceptance:

                     (a)  the application is taken to have never been accepted; and

                     (b)  the Registrar must examine, and report on, the application as necessary under section 31; and

                     (c)  sections 33 and 34 again apply in relation to the application.

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