Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 5.19

Amendment of notice of opposition

         (1)   Subject to subregulation (2), the Registrar must, at the request of the person who has filed a notice of opposition to the registration of a trade mark, amend the notice of opposition to add as grounds for opposition the grounds for rejection mentioned in regulation 4.15A.

         (2)   Subregulation (1) applies only if:

                (a)    the notice of opposition was filed before the commencement of the Trade Marks Amendment Regulations 2005 (No. 1) ; and

               (b)    the request for amendment of the notice of opposition is made not later than 3 months after the commencement of those Regulations.

Note    Section 66 of the Act also allows, but does not require, the Registrar to amend a notice at the written request of the person who filed it if the Registrar is of the opinion that it is fair and reasonable in all the circumstances of the case to do so.

   



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