16 Commissioner’s preliminary advice regarding distinctive character of trade mark

(1)

The Commissioner must, if required by a person who proposes to apply for the registration of a trade mark, advise the person whether, in the Commissioner’s opinion, the trade mark has a distinctive character.

(2)

A person who is advised under subsection (1) that a trade mark has a distinctive character is entitled to be repaid any fee that the person paid on the filing of the application if,—

(a)

within 3 months after the Commissioner gave that advice, the person applies for the registration of the trade mark; and

(b)

the Commissioner rejects the application on the basis that the trade mark has no distinctive character.

(3)

A person entitled to a refund under subsection (2) must withdraw the application before the payment of that refund.

Compare: 1953 No 66 s 55