38.3. Revocation process

3.1

If information is available that establishes the acceptance should be revoked, the delegate advises the owner in writing of the proposal to revoke acceptance. That advice contains information about the trade mark and sets out the grounds relied on to revoke acceptance.  The letter also advises the owner of their right to be heard in the matter of revocation and outlines any course of action that can be taken to avoid revocation.

3.2

Responsibility for documenting the error is with the examiner, not with a potential future Hearing officer. In giving reasons for revocation, reciting a standard paragraph or a generic set of words does not constitute a full explanation of circumstances. It is necessary to clearly and unambiguously outline why it is considered reasonable in the circumstances of the case to  revoke acceptance.

3.3

The owner may make submissions in regard to the proposed revocation within the time allowed and these may resolve the revocation matter.  Any submissions should be made available to the decision maker within the time allowed and extensions of time to achieve this are generally not allowed.

If the application is an IRDA and the submissions in regards to the proposed revocation amend goods and services that have not been notified to the IB as refused, the holder will be required to submit an MM6 [Request for the recordal of a Limitation of the List of Goods and Services] form directly to the IB or through their "home" Office (i.e., the Office of the Contracting Party of the holder). The limitation cannot be applied to the trade mark until IP Australia are notified of the limitation by the IB.