Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p33
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 83376–86099

the cooling‑off period for 6 months if, before the end of the period, the Registrar is satisfied that the parties agree to the extension.
 (4) The Registrar must not:
 (a) further extend the cooling‑off period; or
 (b) allow more than one cooling‑off period for an opposition.
 (5) If a party files a notice, in an approved form, requesting the Registrar to discontinue the cooling‑off period, the Registrar must do so.
 (6) The Registrar may direct the parties on steps the parties must take:
 (a) if the cooling‑off period is discontinued; or
 (b) otherwise—when the cooling‑off period ends.
 (7) The opposition resumes:
 (a) if the cooling‑off period is discontinued; or
 (b) otherwise—when the cooling‑off period ends.
 (8) If:
 (a) the cooling‑off period begins during the period mentioned in regulation 5.13 or an evidentiary period mentioned in regulation 5.14; and
 (b) the opposition resumes;
the period mentioned in regulation 5.13 or 5.14 restarts when the opposition resumes.

Division 4—Hearing of opposition

5.17  Hearing
 (1) This regulation applies to an opposition if:
 (a) the opposition has not:
 (i) been dismissed under section 222 of the Act or paragraph 5.8(3)(b) or 5.8(4)(a); or
 (ii) been decided under subsection 55(1) of the Act; and
 (b) the trade mark application to which the opposition relates has not lapsed under section 54A of the Act.
 (2) An applicant may request the Registrar to hold a hearing if:
 (a) the evidentiary period mentioned in subregulation 5.14(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 5.14(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; 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 applicant 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