TRADE MARKS ACT 1995 - SECT 55 Decision

TRADE MARKS ACT 1995 - SECT 55

  (1)   Unless subsection   (3) applies to the proceedings, the Registrar must, at the end, decide:

  (a)   to refuse to register the trade mark; or

  (b)   to register the trade mark (with or without conditions or limitations) in respect of the goods and/or services then specified in the application;

having regard to the extent (if any) to which any ground on which the application was opposed has been established.

Note:   For limitations see section   6.

  (2)   Without limiting subsection   (1), if the application was opposed on the ground specified in paragraph   62(a) (that the application, or a document filed in support of the application, was amended contrary to this Act), the Registrar may revoke the acceptance of the application and examine the application again under section   31.

Note:   For examine and this Act see section   6.

  (3)   This subsection applies to the proceedings if:

  (a)   the proceedings are discontinued; or

  (b)   the proceedings are dismissed; or

  (c)   the application lapses because of the operation of section   54A (about lapsing of applications if a notice to defend the application is not filed).