Document ID: chunk:federal_register_of_legislation:F2025C00049:reg:36
Version: federal_register_of_legislation:F2025C00049
Segment Type: reg
Provision Reference: reg 36
Character Range: 50343–51362

36  Evidence in relation to ground of objection and recommendation
 (1) The Registrar of Trade Marks must send each party a written notice that:
 (a) gives the name and address of any other party; and
 (b) invites the party to file evidence relevant to whether the Registrar of Trade Marks should:
 (i) decide the ground of objection is or is not made out; or
 (ii) recommend to the Geographical Indications Committee that the proposed GI be determined despite the objection having been made out; and
 (c) states that any evidence must be filed in the period of 3 months from the date of the notice.
Note: There may only be one party in some proceedings.
 (2) The Registrar of Trade Marks must not send the notices until:
 (a) the Registrar of Trade Marks has notified the Geographical Indications Committee under subsection 40RC(1) of the Act that the objection has been received; and
 (b) the person who made the objection has paid the fee prescribed by section 42 of this instrument for dealing with the objection.