Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p27
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 68656–71449

which requests under regulation 4.18 are granted:
 (a) in the order in which the requests are filed; and
 (b) before examination of an application for registration of a trade mark in relation to which:
 (i) a request under regulation 4.18 is not made; or
 (ii) a request made under that regulation is not granted.
 (2) In the absence of a request for expedited examination of an application for registration of a trade mark, the Registrar may expedite examination of the application if he or she reasonably believes that expedited examination is warranted.
 (3) The relationship of an application mentioned in subregulation (2) to another application for registration of a trade mark is a relevant circumstance for the purposes of that subregulation.

Part 5—Opposition to registration

Division 1—Preliminary

5.1  What Part 5 is about
  This Part sets out requirements for the following:
 (a) the filing of notices of opposition and associated documents;
 (b) the amending of filed documents;
 (c) the dismissal of an opposition;
 (d) a cooling‑off period for an opposition;
 (e) the hearing of an opposition;
 (f) associated matters.

5.2  Definitions
  In this Part:
notice of intention to defend means a notice filed under regulation 5.13.
notice of opposition means a notice of opposition under section 52 of the Act.
party means an applicant or opponent.
statement of grounds and particulars means a statement by an opponent that sets out:
 (a) the grounds on which the opponent intends to rely; and
 (b) the facts and circumstances forming the basis for the grounds.
trade mark application means an application for registration of a trade mark under section 27 of the Act.
Note: The following terms are defined in section 6 of the Act:
(a) applicant;
(b) approved form;
(c) employee;
(d) file;
(e) month;
(f) opponent;
(g) person.

5.4  Notification and opportunity to make representations
 (1) This regulation applies if:
 (a) a party makes a request to the Registrar under this Part; or
 (b) the Registrar proposes to make a decision on the Registrar's own initiative under this Part.
 (2) The Registrar must:
 (a) for paragraph (1)(a)—notify the other party of the request, including by giving the other party a copy of the request; or
 (b) for paragraph (1)(b)—notify the parties of the proposed decision.
 (3) If the Registrar proposes to grant the request, the Registrar must give the parties an opportunity to make representations:
 (a) in writing; or
 (b) at a hearing; or
 (c) by other means that the Registrar states in the notification.
 (4) The Registrar must notify the parties of the decision.

Division 2—Filing of opposition documents

Subdivision A—Notice of opposition

5.5  Components of notice of opposition
 (1) The components of a notice of opposition are:
 (a) a