TRADE MARKS ACT 1995 - SECT 38 Revocation of acceptance

TRADE MARKS ACT 1995 - SECT 38

  (1)   Before a trade mark is registered, the Registrar may revoke the acceptance of the application for registration of the trade mark if he or she is satisfied that:

  (a)   the application should not have been accepted, taking account of all the circumstances that existed when the application was accepted (whether or not the Registrar knew then of their existence); and

  (b)   it is reasonable to revoke the acceptance, taking account of all the circumstances.

  (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.