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TRADE MARKS REGULATIONS 1995 - REG 9.20 Hearing

TRADE MARKS REGULATIONS 1995 - REG 9.20

Hearing

  (1)   This regulation applies to an opposition if the opposition has not been dismissed under regulation   9.10 or discontinued.

  (2)   A party may request the Registrar to hold a hearing if an evidentiary period mentioned in regulation   9.16 has ended; and either

  (a)   all evidence for the opposition proceeding has been filed; or

  (b)   no evidence has been filed in that period.

  (3)   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.

  (4)   The hearing may, at the Registrar's discretion, be:

  (a)   an oral hearing; or

  (b)   by written submissions.

  (5)   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.

  (6)   The Registrar may take into account a party's failure to file a summary of submissions under subregulation   (5) in making an award of costs.

Note:   Regulations   2 1.15 and 21.16 deal with hearings.