Document ID: chunk:federal_register_of_legislation:C2024C00545:section:88
Version: federal_register_of_legislation:C2024C00545
Segment Type: section
Provision Reference: s 88
Character Range: 126332–127622

88  Amendment or cancellation—other specified grounds
 (1) Subject to subsection (2) and section 89, a prescribed court may, on the application of an aggrieved person or the Registrar, order that the Register be rectified by:
 (a) cancelling the registration of a trade mark; or
 (b) removing or amending an entry wrongly made or remaining on the Register; or
 (c) entering any condition or limitation affecting the registration of a trade mark that ought to be entered.
 (2) An application may be made on any of the following grounds, and on no other grounds:
 (a) any of the grounds on which the registration of the trade mark could have been opposed under this Act;
 (b) an amendment of the application for the registration of the trade mark was obtained as a result of fraud, false suggestion or misrepresentation;
            (c) because of the circumstances applying at the time when the application for rectification is filed, the use of the trade mark is likely to deceive or cause confusion;
 (e) if the application is in respect of an entry in the Register—the entry was made, or has been previously amended, as a result of fraud, false suggestion or misrepresentation.
Note 1: For prescribed court see section 190.
Note 2: For file, registered owner and this Act see section 6.