Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p34
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 85862–88637

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.

Division 5—Miscellaneous

5.18  Copy of earlier Convention application to be available to opponent
 (1) In opposition proceedings relating to an application in respect of which the applicant claims a right of priority, an opponent may request the Registrar for a copy of an earlier application to be made available.
 (2) On receiving the request, the Registrar must require the applicant to file:
 (a) a copy of the earlier application certified in the trade marks office (or its equivalent) of the Convention country in which it was filed; and
 (b) if the earlier application is not in English:
 (i) a translation of the earlier application into English; and
 (ii) a certificate of verification relating to the translation.
 (3) Subregulation (2) does not apply if the applicant has already filed the relevant documents.
 (4) The Registrar must give a copy of the documents to the opponent.
 (5) If the applicant is the successor in title to the person who made the earlier application, the Registrar may require the applicant to provide documentary evidence that is sufficient to establish the passing of title to the applicant.

5.19  Registrar may give direction
 (1) The Registrar may give a direction in relation to an opposition to which this Part 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.

5.20  Registrar must notify parties of dismissal or discontinuance of opposition
  If an opposition is dismissed under section 222 of the Act or regulation 5.8 or discontinued, the Registrar must notify the parties of the dismissal or discontinuance.

Part 6—Amendment of application for registration of a trade mark and other documents

Division 1—Amendment of application for registration of trade mark and other documents

6.1  Amendment of applications by Registrar
 (1) For the purposes of subsection 63(2) of the Act (which deals with amendment), if the Registrar proposes to amend an application for the registration of a trade mark, the Registrar must by notification to the applicant:
 (a) set out the proposed amendment and the reason for making the amendment; and
 (b) state that the proposed amendment will be made at the end of a