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the information held in respect of the accepted notice is not correct or is no longer current; or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

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