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17. Cancellation
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17.1 Application for cancellation or alteration (Regulation 115)
An application for cancellation or alteration of registration by an aggrieved person under section 62, section 63, or section 64 of Act 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 relates;
- The number of the registration of the trade mark to which the application relates;
- The class or classes or goods or services to which the application relates;
- The extent to which cancellation or alteration is sought;
- The grounds for cancellation or alteration;
- A statement of the basis on which the applicant claims to be an aggrieved person.
17.2 Counter-statement to application for cancellation or alteration (Regulation 117)
A counter-statement to an application for cancellation or alteration of registration must include the following information:
- The owner’s name and address for service;
- If the owner has an agent, the agent’s name;
- A response to the applicant’s grounds for cancellation or alteration, by admitting, denying, or claiming lack of knowledge of, each assertion made in the grounds for cancellation or alteration;
- A brief statement of the facts on which the owner relies in support of registration.
Last updated 16 November 2009
