Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to an opposition if:
(a) the opposition has not:
(i) been dismissed under section 222 of the Act or paragraph 5.8(3)(b) or 5.8(4)(a); or
(ii) been decided under subsection 55(1) of the Act; and
(b) the trade mark application to which the opposition relates has not lapsed under section 54A of the Act.
(2) An applicant may request the Registrar to hold a hearing if:
(a) the evidentiary period mentioned in subregulation 5.14(3) has ended; and
(b) either:
(i) all evidence for the opposition proceeding has been filed; or
(ii) no evidence has been filed in that period.
(3) A party may request the Registrar to hold a hearing if:
(a) an evidentiary period mentioned in any of subregulations 5.14(4) to (6) has ended; and
(b) either:
(i) all evidence for the opposition proceeding has been filed; or
(ii) no evidence has been filed in that period.
(4) The Registrar:
(a) must hold a hearing of the opposition if requested by a party; or
(b) may decide, on the Registrar's own initiative, to hold a hearing of the opposition.
(5) The hearing may, at the Registrar's discretion, be:
(a) an oral hearing; or
(b) by written submissions.
(6) 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.
(7) The Registrar may take into account a party's failure to file a summary of submissions under subregulation (6) in making an award of costs.
Note: Regulations 21.15 and 21.16 deal with hearings.