Commonwealth Numbered Acts

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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 38

Revocation of acceptance
38. (1) If, before a trade mark is registered, the Registrar is satisfied:

   (a)  that the application for registration of the trade mark was accepted
        because of an error or omission in the course of the examination; or

   (b)  that, in the special circumstances of the case, the trade mark should
        not be registered, or should be registered subject to conditions or
        limitations, or to additional or different conditions or limitations;
        the Registrar may revoke the acceptance of the application. Note: For
        limitations see section 6.

(2) If the Registrar revokes the acceptance:

   (a)  the application is taken to have never been accepted; and

   (b)  the Registrar must examine, and report on, the application as
        necessary under section 31; and

   (c)  sections 33 and 34 again apply in relation to the application. 

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