Commonwealth Consolidated Acts

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Rectification may not be granted in certain cases if registered owner not at fault etc.

  (1)   The court may decide not to grant an application for rectification made:

  (a)   under section   87; or

  (b)   on the ground that the trade mark is liable to deceive or confuse (a ground on which its registration could have been opposed, see paragraph   88(2)(a)); or

  (c)   on the ground referred to in paragraph   88(2)(c);

if the registered owner of the trade mark satisfies the court that the ground relied on by the applicant has not arisen through any act or fault of the registered owner.

Note:   For registered owner see section   6.

  (2)   In making a decision under subsection   (1), the court:

  (a)   must also take into account any matter that is prescribed; and

  (b)   may take into account any other matter that the court considers relevant.

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