16. Invalidity

An application for a declaration of invalidity must contain the following:

• 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 for declaration of invalidity relates;
• The number of the registration of the trade mark to which the application for a declaration of invalidity relates;
• The class or classes or goods or services to which the application relates;
• The grounds for a declaration of invalidity;
• A statement of the basis on which the applicant claims to be a person aggrieved for the purposes of section 73(1) of the Act.
• The prescribed fee of $300 + GST

A counter-statement to an application to the Commissioner for a declaration of invalidity must contain the following information:

• The name and address for service of the owner of the trade mark;
• If the owner opposing has an agent, the agent’s name;
• A response to the applicant’s grounds for a declaration of invalidity, by admitting, denying, or claiming lack of knowledge of, each assertion made in the grounds for a declaration of invalidity;
• A brief statement of the facts on which the owner relies in support of continued registration.