Commonwealth Consolidated Regulations

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Amendment or cancellation--matters for the court

                   For the purposes of paragraph 89(2)(a) of the Act (which deals with amendment or cancellation by a prescribed court), a prescribed court, in making a decision under subsection 89(1) of the Act on an application for rectification of the Register, must take into account the following matters, so far as they are relevant:

                     (a)  the extent to which the public interest will be affected if registration of the trade mark is not cancelled;

                     (b)  whether any circumstances that gave rise to the application have ceased to exist;

                     (c)  the extent to which the trade mark distinguished the relevant goods and/or services before the circumstances giving rise to the application arose;

                     (d)  whether there is any order or other remedy, other than an order for rectification, that would be adequate in the circumstances.

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