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15. Revocation
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15.1 Application for revocation (Regulation 95)
An application revocation must contain the following information:
- The applicant’s name and address for service;
- If the applicant has an agent, the agent’s name;
- A description or representation of the trade mark to which the application revocation relates;
- The number of the registration to which the application for revocation relates;
- The class or classes or goods or services to which the application for revocation relates;
- The grounds for revocation;
- A statement of the basis on which the applicant claims to be a person aggrieved for the purposes of section 65(1) of the Act.
15.2 Counter-statement to an application for revocation for non-use (Regulation 97)
A counter-statement to an application for revocation of a trade mark on grounds of non-use must contain the following information:
- The name and address for service of the owner or licensee opposing the application;
- If the owner or licensee has an agent, the agent’s name;
- A response to the applicant’s grounds for revocation, by admitting, denying or claiming lack of knowledge of, each assertion made in the grounds for revocation;
- A brief statement of the facts on which the owner or licensee relies in support of continued registration;
- If non-use is due to special circumstances of the kind referred to in section 66(2) of the Act, a statement of those special circumstances.
15.3 Counter-statement to application for revocation on grounds other than non-use (Regulation 102)
A counter-statement to an application for revocation of a trade mark on grounds other than non-use must contain the following information:
- The name and address for service of the owner or licensee opposing that application;
- If the owner or licensee has an agent, the agent’s name;
- A response to the applicant’s grounds for revocation, by admitting, denying, or claiming lack of knowledge of each assertion made in the grounds for revocation;
- A brief statement of the facts on which the owner of licensee relies in support of continued registration
Last updated 16 November 2009
