Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:3_40re
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 3 cl 40RE
Character Range: 86452–87261

40RE  Decision that ground of objection no longer exists

 (1) If:
 (a) a decision has been made that a ground of objection to a proposed GI has been made out; and
 (b) a person applies in writing to the Registrar of Trade Marks for a decision that circumstances have changed since that decision was made such that the ground of objection no longer exists;
the Registrar of Trade Marks may, in writing, make a decision that the ground of objection no longer exists.

Note: If the Registrar of Trade Marks makes a decision under this section, the Committee may determine the GI (see subsection 40SA(5)).

 (2) Regulations may set out the procedure to be followed in making a decision under subsection (1). The procedures may include the charging of fees, the holding of hearings and the taking of evidence.