Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of section 99 of the Act (which deals with opposition proceedings), regulations 5.7 to 5.17 (inclusive) apply, subject to subregulations (2) and (3), to an opposition to an application under section 92 of the Act.
(2) The Registrar must, if asked to do so by the opponent within the period for serving:
(a) a copy of the evidence in support under subregulation 5.7 (1); or
(b) a copy of the notice under subregulation 5.8 (1);
hear the parties to the opposition proceedings.
(3) If the opponent:
(a) does not serve a copy of the evidence in support in accordance with subregulation 5.7 (1); or
(b) serves a copy of a notice under subregulation 5.8 (1); or
(c) does not serve a copy of that notice within the time allowed in that subregulation;
and the opponent does not request a hearing under subregulation (2), the opposition proceedings are taken to have ended, but are not taken to have been discontinued or dismissed.
Note Regulations 21.15 and 21.16 deal with hearings.
(4) For section 97 of the Act, there is taken to be no opposition to the application if:
(a) under subregulation (3), opposition proceedings are taken to have ended but are not taken to have been discontinued or dismissed; and
(b) the Registrar is satisfied that the application for removal is in order.
Note Section 97 provides for the removal of a trade mark from the Register if an application for removal is unopposed.