139A Chief executive may suspend accepted notice

(1)

The chief executive may suspend an accepted notice if the chief executive is satisfied that—

(a)

the information held in respect of the accepted notice is not correct or is no longer current; or

(b)

there has been a failure to comply with a requirement concerning the giving of security or indemnity or both; or

(c)

there has been a failure to comply with an obligation under an indemnity given for an amount in respect of the accepted notice.

(2)

Before suspending an accepted notice, the chief executive must—

(a)

give written advice of the chief executive’s intention to suspend the accepted notice to—

(i)

the person who gave the notice under section 137; or

(ii)

if the chief executive has received notification of an assignment or transmission of the trade mark to which the notice relates, the person notified as the current owner of the trade mark; and

(b)

include in or with the advice a statement of the chief executive’s reasons; and

(c)

give the person to whom the advice is given not less than 20 working days to respond; and

(d)

consider any response made by that person to the chief executive within the time allowed.

(3)

The written advice under subsection (2) may be given—

(a)

by delivering it to that person; or

(b)

by posting it to the most recent address for that person that has been notified to the chief executive; or

(c)

by emailing it to the person at an email address that is used by the person.

(4)

In the absence of proof to the contrary, written advice that is emailed to a person must be treated as received by the person on the second working day after the date on which it is emailed, and, in proving that the advice was emailed, it is sufficient to prove that the advice was properly addressed and sent to the email address.

Section 139A: inserted, on 16 September 2011, by section 21 of the Trade Marks Amendment Act 2011 (2011 No 71).

Section 139A(3)(b): amended, on 16 December 2017, by section 77(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).

Section 139A(3)(c): inserted, on 16 December 2017, by section 77(2) of the Electronic Interactions Reform Act 2017 (2017 No 50).

Section 139A(4): inserted, on 16 December 2017, by section 77(3) of the Electronic Interactions Reform Act 2017 (2017 No 50).