Queensland Consolidated Acts

BRANDS ACT 1915 - SECT 18A

18A Cancellation of brand or mark for similarity

(1) When in the opinion of the registrar any registered brand or earmark which is used or is likely to be used in a locality is similar to or easily convertible into another registered brand or earmark which is used or is likely to be used in the same locality the registrar shall certify accordingly to the Minister.

(1A) Upon a certification by the registrar, the Minister may cause the registration of the brand or earmark which last became a brand or, as the case may be, earmark used or likely to be used in the locality in question to be cancelled and the registered owner thereof to be notified forthwith.

(2) The registered owner of a brand or earmark which has been cancelled pursuant to this section may apply for a brand or, as the case may be, earmark in lieu of the 1 so cancelled and the registrar shall, if the registrar receives such application within 90 days of such cancellation, without payment of any fee, but subject to the provisions of section 6 (1) and (2) and section 10 (1) to (2) where those provisions respectively apply, allot to the applicant another brand or, as the case may be, earmark in lieu of the brand or earmark so cancelled and shall register such brand or earmark in the name of the applicant.