D03.16 Revocation during Examination

Date Published

Due to the relatively short examination period of 6 months, revocation of registration during examination [s.68] does not commonly occur. Design registrations that fail to overcome grounds for revocation will generally cease at the end of the examination period if no hearing is requested.

When to consider revocation during examination:

Generally, the following conditions would prevail before examination of a registration could be considered to have reached an impasse:

  • all ground(s) for revocation have been raised and clearly explained;
  • the owner has been advised of available options for overcoming the grounds for revocation, including amendment of the registration under Section 66;
  • all submissions have been fully considered and have been responded to;
  • the examiner is satisfied that the ground for revocation would not be removed by any proposed amendment [s.66]; and
  • it does not appear any further progress can be made.

Notification of intention to revoke a registration:

If the delegate is satisfied as to the above, a Notification of Intention to Revoke will be issued by the team leader.

The Notification of Intention to Revoke will contain:

  • a restatement of the ground(s) for revocation;
  • reasons why submissions to date have not been sufficient to overcome those grounds;
  • 21 days notice to request a hearing on the matter.

A full review of the examination process will take place and all grounds for revocation will be re-assessed before notification of the intention to revoke is provided.

If no hearing is requested in the given period, the team leader will revoke the registration and issue a Notification of Revocation.

Revocation of a design registration may occur outside of examination in the following circumstances:
• Owner requests surrender - COG process
• Court order for revocation; Revocation on grounds of entitled persons - TM&D Hearings & COG process.
• Revocation when hearing was requested during examination – TM&D Hearings & COG process.