Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 88

             (1)  Subject to subsection (2) and section 89, a prescribed court may, on the application of an aggrieved person or the Registrar, order that the Register be rectified by:

                     (a)  cancelling the registration of a trade mark; or

                     (b)  removing or amending an entry wrongly made or remaining on the Register; or

                     (c)  entering any condition or limitation affecting the registration of a trade mark that ought to be entered.

             (2)  An application may be made on any of the following grounds, and on no other grounds:

                     (a)  any of the grounds on which the registration of the trade mark could have been opposed under this Act;

                     (b)  an amendment of the application for the registration of the trade mark was obtained as a result of fraud, false suggestion or misrepresentation;

                             (c)  because of the circumstances applying at the time when the application for rectification is filed, the use of the trade mark is likely to deceive or cause confusion;

                     (e)  if the application is in respect of an entry in the Register--the entry was made, or has been previously amended, as a result of fraud, false suggestion or misrepresentation.

Note 1:       For prescribed court see section 190.

Note 2:       For file , registered owner and this Act see section 6.