Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 84B

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

                     (a)  either:

                              (i)  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 notice of opposition to the registration; and

                     (b)  the Registrar failed to take account of the opposition 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.