Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 101

101. (1) Subject to subsection (3) and to section 102, if:

   (a)  the proceedings relating to an opposed application have not been
        discontinued or dismissed; and

   (b)  the Registrar is satisfied that the grounds on which the application
        was made have been established; the Registrar may decide to remove the
        trade mark from the Register in respect of any or all of the goods
        and/or services to which the application relates.

(2) Subject to subsection (3) and to section 102, if, at the end of the
proceedings relating to an opposed application, the court is satisfied that
the grounds on which the application was made have been established, the court
may order the Registrar to remove the trade mark from the Register in respect
of any or all of the goods and/or services to which the application relates.

(3) If satisfied that it is reasonable to do so, the Registrar or the court
may decide that the trade mark should not be removed from the Register even if
the grounds on which the application was made have been established.