Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 16.4

Holding of conferences

  (1)   If, in the period that ends 1 month after the date the initial assessment is published in a computer database maintained by the Trade Marks Office in accordance with subregulation   16.3(3):

  (a)   a person requests the Commission in writing to hold a conference on a matter included in the initial assessment; and

  (b)   no person otherwise responds in writing to the Commission in relation to a notice under subregulation   16.3(2) or a publication under subregulation   16.3(3);

the Commission must hold the conference before it makes a decision on the application.

  (2)   As soon as practicable after the Commission receives a request under subregulation   (1) for a conference, the Commission must:

  (a)   invite the applicant and any other person mentioned in subregulation   (1):

  (i)   to attend the conference; and

  (ii)   to make an oral or written submission at the conference on the views expressed by another person that are mentioned in subparagraph   (b)(ii); and

  (b)   give to the applicant and any other person mentioned in subregulation   (1):

  (i)   reasonable notice of the time, date and place of the conference; and

  (ii)   a reasonable opportunity to express views that are relevant to the conference, either orally at, or by written submission before or during, the conference; and

  (iii)   a copy of each written submission to which subparagraph   (ii) refers that is made by another person.

  (3)   If, in the period that ends 1 month after the date the initial assessment is published in a computer database maintained by the Trade Marks Office in accordance with subregulation   16.3(3):

  (a)   a person requests the Commission in writing to hold a conference on a matter included in the initial assessment; and

  (b)   a person otherwise responds in writing to the Commission in relation to a notice under subregulation   16.3(2) or a publication under subregulation   16.3(3);

the Commission must hold the conference before it makes a decision on the application.

  (4)   As soon as practicable after the Commission receives a request under subregulation   (3) for a conference, the Commission must:

  (a)   invite the applicant and any person who has responded in writing to the Commission:

  (i)   to attend the conference; and

  (ii)   to make an oral or written submission at the conference on the views expressed by another person that are mentioned in subparagraph   (b)(ii); and

  (b)   give to the applicant and any person who has responded in writing to the Commission:

  (i)   reasonable notice in writing of the time, date and place of the conference; and

  (ii)   a reasonable opportunity to express views that are relevant to the conference, either orally at, or by written submission before or during, the conference; and

  (iii)   a copy of each response to which paragraph   (3)(b) refers, and of each written submission to which subparagraph   (ii) refers, that is made by another person.

  (5)   If a person who is invited to attend a conference:

  (a)   informs the Commission that the person does not wish to attend the conference; or

  (b)   does not attend the conference;

the conference may proceed in the absence of the person.



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