Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 21.20E

Hearing

  (1)   The Registrar:

  (a)   must hold a hearing of the opposition if requested by a party in writing; or

  (b)   may decide, on the Registrar's own initiative, to hold a hearing of the opposition.

  (2)   The hearing may, at the Registrar's discretion, be:

  (a)   an oral hearing; or

  (b)   by written submissions.

  (3)   If the Registrar decides on an oral hearing:

  (a)   the Registrar must notify the parties of the date, time and place of the hearing; and

  (b)   the opponent must file a summary of submissions at least 10 business days before the hearing; and

  (c)   the applicant must file a summary of submissions at least 5 business days before the hearing.

  (4)   The Registrar may take into account a party's failure to file a summary of submissions under subregulation   (3) in making an award of costs.

Note:   Regulations   2 1.15 and 21.16 deal with hearings.

  (5)   The Registrar must:

  (a)   decide the opposition; and

  (b)   notify the parties of the Registrar's decision.


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