Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 17A.48S

Request for hearing and circumstances in which opposition taken to have ended

  (1)   If an opponent requests the Registrar, within the period for filing evidence in support mentioned in subregulation   17A.48R(3), to hear the opposition, the Registrar must do so.

  (2)   The opposition is taken to have ended, but not to have been discontinued or dismissed, if the opponent does not:

  (a)   file evidence in support in accordance with subregulation   17A.48R(3); or

  (b)   ask for a hearing under subregulation   (1).

  (3)   The application for cessation of protection is taken to be unopposed if:

  (a)   the opposition is taken to have ended under subregulation   (2); and

  (b)   the Registrar is satisfied that the application for cessation of protection is in order.

Note 1:   See section   97 of the Act in relation to what the Registrar must do if the application for cessation of protection is unopposed.

Note 2:   Regulations   21.15 and 21.16 deal with hearings.



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