Part 52.3. Is a hearing always necessary?

Date Published

Trade Marks Act 1995

Trade Marks Regulations 1995

 

Section 203 of the Act provides that the Registrar may not exercise a power under the Act in a way that adversely affects an applicant for the exercise of that power without first giving the applicant a reasonable opportunity of being heard. That entitlement is repeated in other provisions, such as subsection 33(4) (or 176(1A) in the case of a certification trade mark). However, if the applicant chooses not to take this opportunity,​​​​​​​ subregs 21.15(5) and (6) provide that the Registrar may decide the matter without a hearing, by reference to the relevant information on file in the Trade Marks Office.

In opposition matters, where the Registrar has allowed a reasonable time for all parties to indicate whether they wish to be heard, or where all parties indicate that they do not wish to be heard - per paragraph 21.15(5)(a) - the Registrar is not required to hold a hearing. No time and place for a hearing need be appointed in such a case. Provided all relevant fees are paid, a delegate of the Registrar will proceed to decide the matter as soon as it is administratively convenient to do so.

Non-appearance at a hearing, where one has been set down, will trigger paragraph 21.15(5)(d), which allows the matter to be decided without a hearing on the information available to the Registrar.

Amended Reasons

Amended Reason Date Amended

Page renamed.
Links updated.

Hyperlinks updated

Update hyperlinks

Update hyperlinks

Back to top

This document is controlled. Its accuracy can only be guaranteed when viewed electronically.

IP Australia | Delivering a world leading IP system