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Trade Marks Act 1995
55Decision
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#### 55 Decision
(1) Unless subsection (3) applies to the proceedings, the Registrar must, at the end, decide:
(a) to refuse to register the trade mark; or
(b) to register the trade mark (with or without conditions or limitations) in respect of the goods and/or services then specified in the application;
having regard to the extent (if any) to which any ground on which the application was opposed has been established.
> Note: For limitations see section 6.
(2) Without limiting subsection (1), if the application was opposed on the ground specified in paragraph 62(a) (that the application, or a document filed in support of the application, was amended contrary to this Act), the Registrar may revoke the acceptance of the application and examine the application again under section 31.
> Note: For examine and this Act see section 6.
(3) This subsection applies to the proceedings if:
(a) the proceedings are discontinued; or
(b) the proceedings are dismissed; or
(c) the application lapses because of the operation of section 54A (about lapsing of applications if a notice to defend the application is not filed).