Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p36
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 90959–93736

6.7  Notification and opportunity to make representations
 (1) This regulation applies if:
 (a) a party makes a request to the Registrar under this Division; or
 (b) the Registrar proposes to make a decision on the Registrar's own initiative under this Division.
 (2) The Registrar must:
 (a) for paragraph (1)(a)—notify the other party of the request, including by giving the other party a copy of the request; or
 (b) for paragraph (1)(b)—notify the parties of the proposed decision.
 (3) If the Registrar proposes to grant the request, the Registrar must give the parties an opportunity to make representations:
 (a) in writing; or
 (b) at a hearing; or
 (c) by other means that the Registrar states in the notification.
 (4) The Registrar must notify the parties of the Registrar's decision.

6.8  Practice and procedure
  The Registrar may:
 (a) decide the practice and procedure to be followed in an opposition to which this Division applies; and
 (b) direct the parties accordingly.

6.9  Hearing
 (1) 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.
 (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 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.
 (4) The Registrar may take into account a party's failure to file a summary of submissions under subregulation (3) in making an award of costs.
Note: Regulations 21.15 and 21.16 deal with hearings.
 (5) The Registrar must:
 (a) decide the opposition; and
 (b) notify the parties of the Registrar's decision.

6.10  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.

6.11  Registrar must notify parties of dismissal or discontinuance of opposition
  If an opposition is dismissed or discontinued, the Registrar must notify the parties of the dismissal or discontinuance.

Part 7—Registration of trade marks

Division 1—Initial registration

7.1  Period in