26.3. Production of documents under s 61(1): Powers of the Registrar

Date Published

The Registrar has the power to allow a person to inspect documents that are not published or open for public inspection under s 61(1)(a).

The person who makes the request – and any person who has proprietary rights in the documents (whether those rights are current or retrospective) – may be entitled to object and be heard before the Registrar.

The Registrar generally uses this power in relation to:

  • ownership disputes under s 29 (or possibly s 30)
  • requests for an extension of time (before registration) under s 137
  • financial disputes (but it is likely that these disputes will be before a court and the relevant documents will be the subject of a subpoena).

Requests under s 61(1)(b) must be forwarded to the oppositions and hearings section of the Trade Marks and Designs Group for consideration.

Amended Reasons

Amended Reason Date Amended
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