Document ID: chunk:federal_register_of_legislation:C2024C00545:section:38
Version: federal_register_of_legislation:C2024C00545
Segment Type: section
Provision Reference: s 38
Character Range: 67113–67927

38  Revocation of acceptance
 (1) 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:
 (a) 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
 (b) it is reasonable to revoke the acceptance, taking account of all the circumstances.
 (2) If the Registrar revokes the acceptance:
 (a) the application is taken to have never been accepted; and
 (b) the Registrar must examine, and report on, the application as necessary under section 31; and
 (c) sections 33 and 34 again apply in relation to the application.

Division 2—Grounds for rejecting an application