Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p48
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 120810–123629

discontinue the cooling‑off period, the Registrar must do so.
 (6) The Registrar may direct the parties on steps the parties must take:
 (a) if the cooling‑off period is discontinued; or
 (b) otherwise—when the cooling‑off period ends.
 (7) The opposition resumes:
 (a) if 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 9.15 or an evidentiary period mentioned in regulation 9.16; and
 (b) the opposition resumes;
the period mentioned in regulation 9.15 or 9.16 restarts when the opposition resumes.

Division 5—Hearing of opposition

9.20  Hearing
 (1) This regulation applies to an opposition if the opposition has not been dismissed under regulation 9.10 or discontinued.
 (2) A party may request the Registrar to hold a hearing if an evidentiary period mentioned in regulation 9.16 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.

Division 6—Miscellaneous

9.21  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.

9.22  Registrar must notify parties of dismissal or discontinuance of opposition
  If an opposition is dismissed under regulation 9.10 or discontinued, the Registrar must notify the parties of the dismissal or discontinuance.

9.23  Removal of trade mark from register
  If the Registrar dismisses the opposition under regulation 9.10, the Registrar must remove the