Part 46.2. The Registrar's role in an opposition

Trade Marks Act 1995

Trade Mark Regulations 1995

Once the opposition commences the parties have set periods in which to file their evidence.  

• Part 51 General Opposition Proceedings

When all the evidence periods have ended the parties are given an opportunity to be heard, in person or in writing, by a delegate of the Registrar on the merits of the opposition (section 54 and reg 17A.34M).  Following the hearing the delegate, as an administrative decision maker, will decide, on the basis of the evidence and the parties’ submissions, whether or not the opposed trade mark may be registered or protected (section 55 and reg 17A.34N).  

• Part 52 Hearings, Decisions, Reasons and Appeals

The delegate’s decision may be appealed in the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) (section 56 and reg 17A.34P).