TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 53 Re-examination

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 53

53.(1) An opponent to the registration of a trade mark may, in accordance with
the regulations, ask the Registrar to re-examine the application for the
registration of the trade mark on the ground that there has been an error or
omission in the course of the examination of the application.

(2) The Registrar may not decide to re-examine the application without:

   (a)  giving an opportunity to the applicant to make representations (either
        orally or in writing) on the matter; and

   (b)  taking into account the representations (if any) made by the
        applicant.

(3) If the Registrar decides to re-examine the application, the Registrar must
revoke the acceptance of the application.

(4) If the Registrar revokes the acceptance of the application:

   (a)  the notice of opposition is taken to have been withdrawn; and

   (b)  the Registrar must re-examine the application as necessary to take
        into account any matter that he or she failed to consider because of
        the error or omission; and

   (c)  sections 32 and 33 again apply in relation to the application.

(5) If the Registrar decides not to re-examine the application, the Registrar
continues to deal with the opposition under this Division.