42 Revocation of acceptance of application

(1)

The Commissioner may revoke the acceptance of an application before the trade mark to which the application relates is registered if the Commissioner is satisfied that—

(a)

the application was accepted because of an error or omission made by the Commissioner; or

(b)

another application that relates to the trade mark has priority under section 36.

(2)

If the Commissioner revokes the acceptance of an application,—

(a)

the application is to be treated as if it had not been accepted; and

(b)

section 39 again applies to the application.

Compare: Trade Marks Act 1998 s 16(1)(a), (2) (Singapore)