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COMMONWEALTHAct
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s 97

Removal of trade mark from the Register etc. if application unopposed etc

In force
Part 9Removal of trade mark from Register for non‑use

97 Removal of trade mark from the Register etc. if application unopposed etc

(1)

If:

(a)

there is no opposition to an application to the Registrar under subsection 92(1); or

(b)

an opposition to an application under that subsection has been dismissed (see section 99A);

the Registrar must remove the trade mark from the Register in respect of the goods and/or services specified in the application.

(2)

If there is no opposition to an application to a court under subsection 92(3), the court must order the Registrar to remove the trade mark from the Register in respect of the goods and/or services specified in the application. The court must cause a copy of the order to be served on the Registrar and the Registrar must comply with the order.

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