Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p39
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 98372–101115

of the application for registration) the Registrar's notification to the registered owner of the trade mark must state:
 (a) the date on which the prescribed period expires; and
 (b) the fee payable by the registered owner.

7.8  Notification of renewal
  For section 80E of the Act (which deals with renewal within the prescribed period), a notification of the renewal of the registration of a trade mark must:
 (a) state that the registration is renewed; and
 (b) state the period or periods for which it is renewed.

Part 8—Amendment and cancellation of registration

8.1  Notice of cancellation
 (1) The Registrar must, after receiving a request from the owner of a registered trade mark under subsection 84(1) of the Act, cancel registration of the trade mark if the Registrar is not obliged under subsection 84(2) of the Act to notify a person.
 (2) If the Registrar must notify a person under that subsection, the notification must state that unless:
 (a) the request from the owner is sooner withdrawn; or
 (b) a prescribed court determines that the Registrar must not cancel registration of the trade mark;
the Registrar will cancel the trade mark at the end of a period of 2 months from the date of the notification.
 (3) If:
 (a) before the end of the period of 2 months, each person who is notified advises the Registrar in writing that the person does not object to cancellation of registration of the trade mark—the Registrar must cancel registration of the trade mark; or
 (b) paragraph (a) does not apply—the Registrar must cancel registration of the trade mark after the end of that period;
unless the request from the owner is withdrawn or a prescribed court determines otherwise.

8.2  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.

8.3  Grounds for application for rectification of Register—registered trade mark identical etc to trade mark protected under Madrid Protocol
  For section 189A of the Act, and in