Revocation of acceptance
38 Revocation of acceptance
Before a trade mark is registered, the Registrar may revoke the acceptance of the application for registration of the trade mark if he or she is satisfied that:
the application should not have been accepted, taking account of all the circumstances that existed when the application was accepted (whether or not the Registrar knew then of their existence); and
it is reasonable to revoke the acceptance, taking account of all the circumstances.
If the Registrar revokes the acceptance:
the application is taken to have never been accepted; and
the Registrar must examine, and report on, the application as necessary under section 31; and
sections 33 and 34 again apply in relation to the application.
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