Trade Marks Regulations 2003

Part 13 Hearings

122 Form of hearing

(1)

A hearing may be—

(a)

a hearing by appearance, that is, the appearance of a party before the Commissioner, whether in person or by telecommunication link acceptable to the Commissioner; or

(b)

a hearing by submissions, that is, the consideration by the Commissioner of written submissions made by a party without an appearance; or

(c)

a hearing on the papers, that is, a review of all the documents already submitted in the proceeding.

(2)

A party may, subject to subclause (3), elect whether to be heard by appearance, by submissions, or on the papers.

(3)

If the Commissioner considers that a party has persistently or repeatedly failed, without reasonable excuse, to attend a hearing or to agree to a hearing date, the Commissioner may, in his or her discretion,—

(a)

direct a hearing on the papers; or

(b)

treat the request for a hearing as withdrawn.

Regulation 122(1)(b): replaced, on 29 April 2013, by regulation 29(1) of the Trade Marks Amendment Regulations 2013 (SR 2013/49).

Regulation 122(1)(c): inserted, on 29 April 2013, by regulation 29(1) of the Trade Marks Amendment Regulations 2013 (SR 2013/49).

Regulation 122(2): replaced, on 29 April 2013, by regulation 29(2) of the Trade Marks Amendment Regulations 2013 (SR 2013/49).

Regulation 122(3): inserted, on 29 April 2013, by regulation 29(2) of the Trade Marks Amendment Regulations 2013 (SR 2013/49).