Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 5.8

Statement of grounds and particulars must be adequate

  (1)   The Registrar must assess the adequacy of a statement of grounds and particulars.

  (2)   If the Registrar decides that the statement is adequate, the Registrar must give a copy of the statement to the applicant.

  (3)   If the Registrar decides that the statement is inadequate:

  (a)   the Registrar may direct the opponent to rectify the inadequacy by filing more information on the basis for one or more of the grounds; or

  (b)   if all the grounds are inadequately particularised, the Registrar may dismiss the opposition; or

  (c)   if only some of the grounds are inadequately particularised, the Registrar may:

  (i)   delete from the statement some or all of the material that is inadequate; and

  (ii)   treat the result as the statement for the purposes of these Regulations; and

  (iii)   give a copy of the amended statement to the opponent.

  (4)   If the Registrar decides that the statement is still inadequate after the information is filed under paragraph   ( 3)(a):

  (a)   the Registrar may dismiss the opposition; or

  (b)   the Registrar may:

  (i)   delete from the statement some or all of the material that is inadequate; and

  (ii)   treat the result as the statement for the purposes of these Regulations; and

  (iii)   give a copy of the amended statement to the opponent.

  (5)   If the Registrar decides that the information filed under paragraph   ( 3)(a) rectifies the inadequacy of the statement, the Registrar must give a copy of the statement and the information filed in relation to paragraph   ( 3)(a) to the applicant.

  (6)   The opponent may apply to the Administrative Appeals Tribunal for review of a decision under this regulation to dismiss the opposition or delete material from the statement of grounds and particulars.

  (7)   Regulation   5.4 does not apply to this regulation.


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