Commonwealth Consolidated Acts

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TRADE MARKS ACT 1995 - SECT 84B

Registration must be revoked if opposition was ignored in registration process

    The Registrar must revoke the registration of a trade mark if:

  (a)   either:

  (i)   a component of a notice of opposition to the registration was filed in accordance with subsection   52(2); or

  (ii)   before the registration, a person applied in accordance with the regulations for an extension of the period for filing a component of a notice of opposition to the registration; and

  (b)   the Registrar failed to take account of the component or application in deciding to register the trade mark; and

  (c)   the Registrar becomes aware of the failure within 1 month after the notice was filed or the application was made.

The revocation must be done within that month.

Note:   If the Registrar becomes aware of the failure later, he or she may be able to revoke the registration under section   84A.


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