Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 9.16

Filing of evidence

             (1)  The Registrar must notify the parties that:

                     (a)  all the evidence for an evidentiary period mentioned in this regulation has been filed; or

                     (b)  no evidence was filed for the period.

             (2)  The Registrar must give a copy of any evidence filed by a party under this regulation to the other party:

                     (a)  before the end of the relevant evidentiary period, if the Registrar considers it appropriate to do so; or

                     (b)  after the evidentiary period ends.

Evidence in support

             (3)  An opponent must file any evidence in support of the opposition within 3 months from the day the opponent is given a copy of the notice of intention to defend the application for removal.

Evidence in answer

             (4)  If the opponent files evidence in support of the opposition, the applicant must file any evidence in answer to the opponent's evidence within 3 months from the day the Registrar:

                     (a)  gives the applicant:

                              (i)  all the evidence in support; or

                             (ii)  if the opponent files the evidence in support in instalments--the final instalment of the evidence in support; and

                     (b)  notifies the applicant that all the evidence in support has been filed.

             (5)  If the opponent does not file any evidence in support of the opposition, regulation 9.17 applies.

Evidence in reply

             (6)   If the applicant files evidence in answer under subregulation (4), the opponent must file any evidence in reply to the evidence in answer within 2 months from the day the Registrar:

                     (a)  gives the opponent:

                              (i)  all the evidence in answer; or

                             (ii)  if the applicant files the evidence in answer in instalments--the final instalment of the evidence in answer; and

                     (b)  notifies the opponent that all the evidence in answer has been filed.



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