172 Hearing of appeal

(1)

On an appeal, the court must hear the parties and the Commissioner.

(2)

Appeals must be heard only on the materials stated by the Commissioner unless a party, either in the manner prescribed or by special leave of the court, brings forward further material for the consideration of the court.

(3)

In the case of an appeal against the acceptance of an application or the registration of a trade mark,—

(a)

no further grounds of objection are permitted by the opponent or the Commissioner, other than those stated by the opponent, except by leave of the court; and

(b)

if further grounds of objection are permitted, the applicant’s application may be withdrawn without payment of the costs of the opponent on giving notice as prescribed.

Compare: 1953 No 66 s 27(6)–(10)