Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p41
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 103423–106248

opponent, of the date, time and place of the hearing; and
 (b) the registered owner of the registered trade mark must file a summary of submissions at least 5 business days before the hearing; and
 (c) each opponent must file a summary of submissions at least 10 business days before the hearing.
 (4) If the registered owner of the registered trade mark, or an opponent, fails to file a summary of submissions under subregulation (3), the Registrar may take that failure into account in making an award of costs.
 (5) The Registrar must:
 (a) decide the opposition; and
 (b) notify the registered owner of the registered trade mark, and each opponent, of the Registrar's decision.
 (6) Regulations 21.15 and 21.16 do not apply in relation to an opposition under subsection 83A(4) of the Act.

8.7  Amendment because of inconsistency with international agreements—opposition directions
 (1) The Registrar may give a direction in relation to an opposition under subsection 83A(4) of the Act:
 (a) if requested by the registered owner of the registered trade mark, or an opponent, in writing; or
 (b) on the Registrar's own initiative.
 (2) If the Registrar proposes to give a direction, the Registrar must give the registered owner of the registered trade mark, and each opponent, an opportunity to make representations about the direction.
 (3) A direction must not be inconsistent with the Act or these Regulations.
 (4) The Registrar must notify the registered owner of the registered trade mark, and each opponent, of the direction as soon as practicable.

8.8  Amendment because of inconsistency with international agreements—notification of dismissal or discontinuance of opposition
  If an opposition under subsection 83A(4) of the Act is dismissed under section 222 of the Act or is discontinued, the Registrar must notify the registered owner of the registered trade mark, and each opponent, of the dismissal or discontinuance.

Part 9—Removal of trade mark from Register for non‑use

Division 1—Preliminary

9.1  What Part 9 is about
  This Part sets out requirements for the following:
 (a) the making and notification of an application for removal;
 (b) the filing of notices of opposition and associated documents;
 (c) the amending of filed documents;
 (d) the dismissal of an opposition;
 (e) the hearing of an opposition;
 (f) associated matters.

9.2  Definitions
  In this Part:
application for removal means an application for removal of a trade mark from the Register.
notice of intention to defend means a notice filed under regulation 9.15.
notice of opposition means a notice of opposition under section 96 of the Act.
opponent means a person who files:
 (a) a notice of intention to oppose; and
 (b) a statement of grounds and particulars.
party means an applicant or opponent.
statement of grounds and