These amendment regulations primarily update the Hearings procedures to improve the administration of proceedings before the Commissioner. Changes include:
• Allowing the Commissioner to grant an extension of time up to 3 months if the request is considered reasonable in the circumstances.
• Introducing procedures relating to undertakings regarding confidential evidence.
• Allowing the Commissioner to consolidate proceedings.
• Amending regulation 75 allowing the Commissioner to grant an extension of time after the deadline has passed (request must still be filed prior to the deadline).
• Introducing procedures if a party repeatedly fails to:
(a) follow the directions of the Commissioner from a case management conference
(b) provide documentation as directed by the Commissioner
(c) agree to a Hearing date or attend a Hearing
In addition there are some miscellaneous amendments to improve the operation of the regulations, including:
• Allowing an agent to remove themselves as agent from a trade mark.
• Mandating that a class number must be provided when filing a Search and Preliminary Advice application.
• Clarifying when a request for an extension of time in certain circumstances applies (continued processing).
