Court's discretion to rectify Register of Trade Marks

IP Australia has received a submission from a stakeholder that proposed amendments to the Trade Marks Act 1995, to repeal section 89(1)(b) and instead, the Court’s discretion not to rectify be exercised under section 88(1) because for the relevant grounds to be made out, the registered mark must have been defective at its priority date.

At a glance

Policy ID: 169

Status: On hold

Priority: Low

Trade marks

Issue Summary

IP Australia has received a submission from a stakeholder that proposed amendments to the Trade Marks Act 1995. Under section 88 of the Act, a Court may order amendment or removal of a registered trade mark if grounds for rectifying the Register are made out. However, section 89 sets out circumstances under which the Court may still decide not to rectify the Register if the Court determines the grounds for rectifying did not arise as a result of any ‘act or fault’ of the registered owner.

The submission suggested that section 89(1)(b) be repealed and instead, the Court’s discretion not to rectify be exercised under section 88(1) because for the relevant grounds to be made out, the registered mark must have been defective at its priority date.

History

On hold, 28 September 2026

This form is protected by Recaptcha

We use cookies to improve your experience.