Commonwealth Consolidated Acts

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Cancellation of registration

  (1)   The Registrar must cancel the registration of a trade mark in accordance with the regulations if the registered owner asks in writing that the registration be cancelled.

Note:   For registered owner see section   6.

  (2)   Before cancelling the registration of the trade mark, the Registrar must notify in accordance with the regulations:

  (a)   any person recorded under Part   11 as claiming a right in respect of, or an interest in, the trade mark; and

  (b)   if:

  (i)   an application has been made to the Registrar for a record of the assignment or transmission of the trade mark to a person to be entered in the Register (see section   109); and

  (ii)   the assignment has not yet been recorded;

    the person to whom the trade mark has been assigned or transmitted.

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