Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 8.1

Notice of cancellation

         (1)   The Registrar must, after receiving a request from the owner of a registered trade mark under subsection 84 (1) of the Act, cancel registration of the trade mark if the Registrar is not obliged under subsection 84 (2) of the Act to notify a person.

         (2)   If the Registrar must notify a person under that subsection, the notice must state that unless:

                (a)    the request from the owner is sooner withdrawn; or

               (b)    a prescribed court determines that the Registrar must not cancel registration of the trade mark;

the Registrar will cancel the trade mark at the end of a period of 2 months from the date of the notice.

         (3)   If:

                (a)    before the end of the period of 2 months, each person who is notified advises the Registrar in writing that the person does not object to cancellation of registration of the trade mark -- the Registrar must cancel registration of the trade mark; or

               (b)    paragraph (a) does not apply -- the Registrar must cancel registration of the trade mark after the end of that period;

unless the request from the owner is withdrawn or a prescribed court determines otherwise.



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