36Evidence in relation to ground of objection and recommendation

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.