Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p81
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 202268–205000

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 17A.34H or an evidentiary period mentioned in regulation 17A.34J; and
 (b) the opposition resumes;
the period mentioned in regulation 17A.34H or 17A.34J restarts when the opposition resumes.

17A.34M  Hearing
 (1) This regulation applies to an opposition if:
 (a) the opposition has not been dismissed under regulation 17A.34B; or
 (b) the opposition has not been decided under regulation 17A.34N; or
 (c) the opposition is not taken to have succeeded under regulation 17A.34H.
 (2) The holder of an IRDA may request the Registrar to hold a hearing if:
 (a) the evidentiary period mentioned in subregulation 17A.34J(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 17A.34J(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 in writing; 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 holder of the IRDA 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 21.15 and 21.16 deal with hearings.

17A.34N  Decision on opposition
 (1) Unless the opposition proceedings are discontinued or dismissed, the Registrar must decide:
 (a) to refuse protection in respect of all of the goods or services listed in the IRDA; or
 (b) to extend protection in respect of some or all of the goods or services listed in the IRDA (with or without conditions or limitations);
having regard to the extent (if any) to which the grounds on which the IRDA was opposed have been established.
 (2) The Registrar must notify the International Bureau of the Registrar's decision.

17A.34P  Appeal
 (1) Section 56 of the Act applies in relation to the Registrar's decision on