8.14. Examination and certification: Revocation

If the Registrar is satisfied that the design should be revoked, we will issue an examination report setting out the grounds for revocation (s 66(2)).

The registered owner may respond to that report by either:

• filing a request to amend the registration to remove the ground for revocation
• providing arguments contesting the examination report.

Response to an unfavourable examination report

Request to amend

If the owner files a request to amend, the Registrar then reconsiders the design as if the amendments have been made and issues a new examination report. In principle there is no limit to the number of examination reports.

Request for hearing

If the owner contests the grounds of revocation, they can request a hearing. The Registrar can also order a hearing for other reasons – e.g. to resolve an ownership dispute.

Arguments contesting the examination decision

The owner may provide a submission contesting the examination decision. The owner needs to persuade the examiner that the ground for revocation does not exist.

Outcome

If the Registrar is satisfied that the proposed amendments remove the grounds for revocation, they will issue a notice of intention to certify the design.

If the Registrar remains satisfied that the design should be revoked, they will issue a revocation notice (s 68).

The time for completion of examination cannot be extended after revocation.

Revocation during examination

Normally we would consider revoking a registration only after the process of examination is complete. Revocation can happen during examination but this is not common, particularly as the examination period is fairly short (6 months). Typically a registered design ceases due to the ground for revocation not being overcome in the examination period.

When we may consider revocation during examination

Generally we consider revocation before the end of the examination only if the examination appears to have reached an impasse – i.e. where:

• all grounds 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 (s 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
• it does not appear any further progress can be made.

Notification of intention to revoke a registration

If we are satisfied that the examination is at an impasse, we will conduct a full review of the examination process. This includes reassessing all grounds for revocation.

​​​​​​​Before revoking, we will issue a notice of intention to revoke. This notice:

• restates the grounds for revocation and indicates that there is not an amendment (s 66) option
• highlights that previous submissions have not been persuasive
• provides a 21 day period to request a hearing on the matter.

If no hearing is requested we will revoke the registration and issue a notification of revocation.​​​​​​​

Outside of examination, a design registration can be revoked where:

• the owner requests surrender
• there is a court order for revocation
• there is a revocation on grounds of entitled persons (see Ownership disputes).