Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p40
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 100852–103648

other than an order for rectification, that would be adequate in the circumstances.

8.3  Grounds for application for rectification of Register—registered trade mark identical etc to trade mark protected under Madrid Protocol
  For section 189A of the Act, and in addition to anything in Part 8 of the Act, an application for the rectification of the Register in relation to a trade mark may be made on any of the grounds mentioned in regulation 4.15A.
Note: Under subsection 189A(3) of the Act, regulations made for the purposes of section 189A:
(a) may be inconsistent with the Act; and
(b) prevail over the Act (including any other regulations or other instruments made under the Act), to the extent of any inconsistency.

8.3A  Amendment because of inconsistency with international agreements—publication of request
  For the purposes of subsection 83A(3) of the Act, the request for the amendment must be published in a computer database maintained by the Trade Marks Office.

8.4  Amendment because of inconsistency with international agreements—notice of opposition
 (1) For subsection 83A(4) of the Act, a person may oppose a request for amendment by filing a notice of opposition with the Registrar.
 (2) A notice of opposition must be:
 (a) in an approved form; and
 (b) filed within 1 month after the request for amendment is published in a computer database maintained by the Trade Marks Office in accordance with regulation 8.3A.
 (3) The Registrar must give a copy of the notice to the registered owner of the registered trade mark.

8.5  Amendment because of inconsistency with international agreements—opposition practice and procedure
  The Registrar may:
 (a) decide the practice and procedure to be followed in an opposition under subsection 83A(4) of the Act; and
 (b) direct the registered owner of the registered trade mark who made the request for amendment, and a person (an opponent) who filed a notice of opposition, accordingly.

8.6  Amendment because of inconsistency with international agreements—hearing
 (1) The Registrar:
 (a) must hold a hearing of an opposition under subsection 83A(4) of the Act if requested by the registered owner of the registered trade mark, or an opponent, in writing; or
 (b) may decide, on the Registrar's own initiative, to hold a hearing of the opposition.
 (2) The hearing may, at the Registrar's discretion, be:
 (a) an oral hearing; or
 (b) by written submissions.
 (3) If the Registrar decides on an oral hearing:
 (a) the Registrar must notify the registered owner of the registered trade mark, and each 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