Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p101
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 252579–255342

17A.48R; and
 (b) the opposition resumes;
the period mentioned in regulation 17A.48Q or 17A.48R restarts when the opposition resumes.

17A.48V  Hearing
 (1) This regulation applies to an opposition if the opposition has not been dismissed under regulation 17A.48K or discontinued.
 (2) A party may request the Registrar to hold a hearing if an evidentiary period mentioned in regulation 17A.48R 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 21.15 and 21.16 deal with hearings.

17A.48W  Registrar may give direction
 (1) The Registrar may give a direction in relation to an opposition to which this Division applies:
 (a) if requested by a party in writing; or
 (b) on the Registrar's own initiative.
 (2) If the Registrar proposes to give a direction, the Registrar must give the parties 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 parties of the direction as soon as practicable.

17A.48X  Registrar must notify International Bureau
  If the result of an action under this Subdivision is that the Registrar decides, or is directed by a court:
 (a) to cease protection of a protected international trade mark in respect of some or all of the goods or services covered by the protection; or
 (b) that the trade mark should be protected subject to conditions or limitations;
the Registrar must, if no appeal has been made at the end of any relevant appeal period, notify the International Bureau of that decision or order.

17A.48Y  Registrar must notify parties of dismissal or discontinuance of opposition
  If an opposition is dismissed under regulation 17A.48K or discontinued, the Registrar must notify the parties of the dismissal or discontinuance.

17A.48Z  Cessation of protection of protected international trade mark
  If the