Application for registration

Deficiencies in application; section 3213

1

Where an application for registration of a trade mark does not satisfy the requirements of section 32(2), (3) or (4) or rule 5(1), the registrar shall send notice to the applicant to remedy the deficiencies or, in the case of section 32(4), the default of payment.

2

A notice sent under paragraph (1) shall specify a period, of not less than one month, within which the applicant must remedy the deficiencies or the default of payment.

3

Where, before the expiry of the period specified under paragraph (2), the applicant—

a

fails to remedy any deficiency notified to the applicant in respect of section 32(2), the application shall be deemed never to have been made; or

b

fails to remedy any deficiency notified to the applicant in respect of section 32(3) or rule 5(1) or fails to make payment as required by section 32(4), the application shall be treated as abandoned.