4.2 Striking out of classes, goods or services

Regulation 136 of the Regulations sets out the necessary formalities when an owner requests the striking out of goods or services, or classes of goods or services, from the registration pursuant to section 78(b) of the Act.

A request to strike out goods and services, or classes of goods and services must be in writing⁶ and contain the following information:⁷

1. The owner’s name;
2. If the owner has an agent, the agent’s name;
3. The trade mark’s registration number;
4. A list of the goods, services or classes to be struck out; and
5. If part of a class is to be struck out, a copy of the amended specification.

Where the request to strike out goods and services, or classes of goods and services is accepted, the Commissioner will strike out the goods or services and notify the owner of the alteration.

Footnotes

⁶ See regulation 136(a) of the Trade Marks Regulations 2003.

⁷ See regulation 136(c) of the Trade Marks Regulations 2003.