Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of sections 115 and 119 of the Act (which deal with amendment and cancellation of particulars), particulars of a claim to an interest in, or to a right in respect of, a trade mark, entered in the Register or recorded under Division 3 of Part 11 of the Act may be cancelled in accordance with this regulation.
(2) A request to cancel particulars of a claim to an interest in, or to a right in respect of, a trade mark must be made in writing:
(a) by the person whose claim is recorded; or
(b) by the owner of the trade mark; or
(c) together by the person whose claim is recorded and the owner of the trade mark; or
(d) if the request has with it the written consent to the cancellation of 1 of the persons mentioned in paragraph (c) -- by the other person mentioned in that paragraph.
(3) If a request is made under paragraph (2) (a), (c) or (d), the Registrar must cancel the particulars in accordance with the request.
(4) If a request is made under paragraph (2) (b), the Registrar must notify in writing the person whose claim is recorded that:
(a) the request has been made; and
(b) unless the request is withdrawn or a prescribed court orders otherwise, the Registrar will cancel particulars of the claim in accordance with the request as soon as practicable after the end of a period of 2 months from the date of the notice.
(5) Unless a request made under paragraph (2) (b) is withdrawn or a prescribed court determines otherwise, the Registrar must, as soon as practicable:
(a) if, before the end of the period mentioned in paragraph (4) (b), a person the particulars of whose claim are recorded informs the Registrar in writing that the person does not object to cancellation of the particulars -- cancel the particulars in accordance with the request; or
(b) if paragraph (a) does not apply -- cancel the particulars after the end of that period in accordance with the request.