Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 98

  (1)   If:

  (a)   the Registrar has removed a trade mark from the Register under subsection   97(1) because no notice of opposition was filed within the period provided under the regulations; and

  (b)   the Registrar subsequently extends the period within which the notice may be filed; and

  (c)   a notice of opposition is filed within the extended period;

the Registrar must restore the trade mark to the Register. Also, the trade mark is taken not to have been removed from the Register.

  (2)   If:

  (a)   a person filed a notice of opposition under subsection   96(1) to an application for the removal of a trade mark from the Register; and

  (b)   the person failed to do a thing (the relevant thing ):

  (i)   that the person is required or permitted by the regulations to do in relation to the person's opposition to the application; and

  (ii)   that is prescribed by the regulations for the purposes of this subparagraph; and

  (c)   as a result of the person's failure to do the relevant thing, the application is taken under the regulations to be unopposed; and

  (d)   the Registrar removed the trade mark from the Register under paragraph   97(1)(a); and

  (e)   the Registrar subsequently extends the period under the regulations within which the person is required or permitted to do the relevant thing; and

  (f)   the person does the relevant thing within the extended period;

the Registrar must restore the trade mark to the Register. Also, the trade mark is taken not to have been removed from the Register.

Note:   For file see section   6.