Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 3A.4

AFS request -- assessment by Registrar

         (1)   After receiving an AFS request the Registrar must, as soon as practicable, assess the AFS request having regard to the requirements of Part 4 of the Act and form an opinion whether or not:

                (a)    the AFS request would, if submitted in that form as an application for registration under Part 4 of the Act, be in accordance with that Part; and

               (b)    there would be grounds under Division 2 of Part 4 of the Act for rejecting the AFS request.

         (2)   After forming an opinion the Registrar must, as soon as practicable, inform the requester of:

                (a)    the opinion; and

               (b)    the procedural requirements of regulation 3A.5 for making an amendment to the AFS request; and

                (c)    the procedural requirements for making an application for the registration of a trade mark under Part 4 of the Act.

         (3)   The Registrar may inform the requester:

                (a)    in writing, by mail, fax or email; or

               (b)    by telephone; or

                (c)    in person.



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