4.2 Notice of proposal to reject rectification

In light of section 176 of the Act, where the Commissioner proposes to reject an application for rectification by the owner of a registered trade mark, the applicant will be sent a Notice of Proposal to Reject Rectification allowing the applicant the opportunity to be heard. The applicant will be advised that the Commissioner proposes to reject the application for rectification stating the grounds on which the Commissioner proposes to do so.

A time limit will be stipulated, being not less than one month from the date of the Notice of Proposal to Reject Rectification, in which the applicant must indicate that it wishes to be heard before the Commissioner exercises his power to reject the rectification application.