40RCConsideration of objections

40RC Consideration of objections

Notice of objection to be given to Committee (1) If: (a) the Registrar of Trade Marks receives an objection in relation to the proposed GI on a ground set out in section 40RB; and (b) the objection is received within the period stated in the notice under section 40RA; the Registrar of Trade Marks must in writing notify the Committee of the receipt and terms of the objection. Registrar of Trade Marks to make decision on whether ground made out or not (2) If an objection is notified to the Committee under subsection (1), the Registrar of Trade Marks must decide in writing whether the ground of objection is or is not made out. Registrar may make recommendation to Committee to determine a GI (3) If: (a) the Registrar of Trade Marks decides that the ground of objection is made out; and (b) the Registrar of Trade Marks is satisfied that it is reasonable in the circumstances to recommend to the Committee that the proposed GI be determined despite the objection having been made out; the Registrar of Trade Marks may make the recommendation. The recommendation must be in writing.

Note 1: For example, it may be reasonable for the Registrar of Trade Marks to make such a recommendation if the Registrar of Trade Marks is satisfied that the proposed GI was in use before the trade mark rights arose.

Note 2: If a recommendation is made under subsection (3), the Committee may determine the GI (see subsection 40SA(4)).

(4) In determining under paragraph (3)(b) whether it is reasonable in the circumstances to make the recommendation to the Committee, the Registrar of Trade Marks must have regard to Australia’s international obligations. Regulations (5) Regulations may set out the procedure to be followed in making a decision under subsection (2) or (3). The procedures may include the charging of fees, the holding of hearings and the taking of evidence.