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TRADE MARKS REGULATIONS 1995 - REG 17A.34L

Registrar may allow cooling - off period

  (1)   This regulation applies to an opposition if:

  (a)   the notice of opposition has been filed; and

  (b)   the Registrar has not made a decision on the opposition under regulation   1 7A.34N; and

  (c)   the opposition has not been dismissed under regulation   1 7A.34B.

  (2)   If the Registrar is satisfied that the parties agree to a cooling - off period, the Registrar must allow a cooling - off period of 6 months.

  (3)   The Registrar must extend the cooling - off period for 6 months if, before the end of the period, the Registrar is satisfied that the parties agree to the extension.

  (4)   The Registrar must not:

  (a)   further extend the cooling - off period; or

  (b)   allow more than one cooling - off period for an opposition.

  (5)   If a party files a notice in an approved form requesting the Registrar to discontinue the cooling - off period, the Registrar must do so.

  (6)   The Registrar may direct the parties on steps they must take:

  (a)   if the cooling - off period is discontinued; or

  (b)   otherwise--when the cooling - off period ends.

  (7)   The opposition resumes:

  (a)   if the cooling - off period is discontinued; or

  (b)   otherwise--when the cooling - off period ends.

  (8)   If:

  (a)   the cooling - off period begins during the period mentioned in regulation   1 7A.34H or an evidentiary period mentioned in regulation   1 7A.34J; and

  (b)   the opposition resumes;

the period mentioned in regulation   1 7A.34H or 17A.34J restarts when the opposition resumes.


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