Decision relating to registration of brand or earmark
8 Decision relating to registration of brand or earmark
(1) Within 30 days after receiving an application to register a brand or earmark, the Registrar must decide whether or not to register the brand or earmark and give the applicant written notice of the decision.
(2) Before registering a 3-letter brand on the application of a person who is not the owner of the property on which the brand will be used, the Registrar must be satisfied:
(a) the owner of the property has given the person permission to brand on the property; and
it is reasonable in the circumstances to register the brand.
(3) The Registrar may refuse to register a brand on reasonable grounds, including any of the following:
the brand resembles another registered brand;
the brand would be likely to deceive a person;
(c) the brand is unlikely to produce a legible brand when applied to livestock.
(4) The Registrar may refuse to register an earmark (the proposed earmark) on reasonable grounds, including any of the following:
(a) the proposed earmark resembles another registered earmark that is used on a property adjacent to the property on which the proposed earmark would be used;
the proposed earmark would be likely to deceive a person.
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