Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 21.4

Consequences for documents not meeting filing requirements

  (1)   If a document received for filing at the Trade arks Office does not comply with the Act or the regulations, or is not in accordance with whichever approved form is applicable, the Registrar may treat the document:

  (a)   as not having been filed and notify the person, including in the notification a statement indicating how the document does not comply with the Act or the regulations or is not in accordance with the approved form; or

  (b)   as having been filed, but direct the person to do such things as are necessary to ensure that the document does comply with the Act or the regulations or is in accordance with the approved form.

Note:   Regulations   4.2 and 4.2A set out requirements with which applications for the registration of trade marks must comply to be taken as having been filed.

  (2)   If the Registrar gives a direction under paragraph   (1)(b) and the person does not comply with the direction within the period specified in the direction, the Registrar may treat the document as not having been filed.


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