Commonwealth Numbered Regulations

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WINE AUSTRALIA REGULATIONS 2018 (F2018L00286) - REG 36

Evidence in relation to ground of objection and recommendation

             (1)  The Registrar of Trade Marks must send each party a written notice that:

                     (a)  gives the name and address of any other party; and

                     (b)  invites the party to file evidence relevant to whether the Registrar of Trade Marks should:

                              (i)  decide the ground of objection is or is not made out; or

                             (ii)  recommend to the Geographical Indications Committee that the proposed GI be determined despite the objection having been made out; and

                     (c)  states that any evidence must be filed in the period of 3 months from the date of the notice.

Note:          There may only be one party in some proceedings.

             (2)  The Registrar of Trade Marks must not send the notices until:

                     (a)  the Registrar of Trade Marks has notified the Geographical Indications Committee under subsection 40RC(1) of the Act that the objection has been received; and

                     (b)  the person who made the objection has paid the fee prescribed by section 42 of this instrument for dealing with the objection.



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