44 Abandonment of application

(1)

If, within the time specified by the Commissioner, the Commissioner does not receive a response from the applicant to a notification under section 41, the Commissioner must treat the application as abandoned.

(2)

The Commissioner must not treat an application as abandoned under subsection (1) if the application is awaiting the outcome of—

(a)

opposition proceedings in respect of a prior application; or

(b)

cancellation, revocation, or invalidity proceedings in respect of a prior registration.

Section 44(1): amended, on 25 February 2012, by section 4 of the Trade Marks Amendment Act 2012 (2012 No 20).