Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 17A.34M

Hearing

  (1)   This regulation applies to an opposition if:

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

  (b)   the opposition has not been decided under regulation   1 7A.34N; or

  (c)   the opposition is not taken to have succeeded under regulation   1 7A.34H.

  (2)   The holder of an IRDA may request the Registrar to hold a hearing if:

  (a)   the evidentiary period mentioned in sub regulation   1 7A.34J(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   1 7A.34J(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 in writing; 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 holder of the IRDA 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   2 1.15 and 21.16 deal with hearings.


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