Part 2Registrability of trade marks
Preliminary: Registrability of trade marks: general
16Commissioner's preliminary advice regarding distinctive character of trade mark
The Commissioner must, if required by a person who proposes to apply for the registration of a trade mark, advise the person whether, in the Commissioner's opinion, the trade mark has a distinctive character.
A person who is advised under subsection (1) that a trade mark has a distinctive character is entitled to be repaid any fee that the person paid on the filing of the application if,—
- within 3 months after the Commissioner gave that advice, the person applies for the registration of the trade mark; and
- the Commissioner rejects the application on the basis that the trade mark has no distinctive character.
A person entitled to a refund under subsection (2) must withdraw the application before the payment of that refund.