Commonwealth Numbered Regulations

1995 No. 341 TRADE MARKS REGULATIONS - REG 4.8

4.8 (1) For the purposes of section 31 of the Act (which deals with
examination and reporting), if in the course of an examination of an
application the Registrar reasonably believes that:

   (a)  the application has not been made in accordance with the Act or these
        Regulations; or

   (b)  there are grounds under Division 2 of Part 4 of the Act for rejecting
        it; the Registrar must report that belief in writing to the applicant.

(2) A report under subregulation (1) must include notice of the date on which
the application will lapse if it is not accepted earlier.

(3) If the Registrar reasonably suspects that the provisions of paragraph 27
(1) (b) of the Act do not apply in relation to all of the goods and/or
services specified in an application for registration of a trade mark, the
Registrar may require the applicant to make a declaration to the Registrar
that those provisions apply to all of those goods and/or services. (NOTE:
Section 37 of the Act and regulation 4.12 deal with the lapsing of an
application before acceptance.)