38New evidence

38 New evidence

(1) A party may apply to the Registrar of Trade Marks, in writing, to file new evidence: (a) after the end of a period specified by the Registrar of Trade Marks for the party to file evidence; and (b) before the Registrar of Trade Marks makes a decision under subsection 40RC(2) or (3) of the Act. (2) An application must: (a) be accompanied by the fee prescribed by section 42; and (b) include a statement: (i) describing the new evidence; and (ii) giving the reasons why the new evidence was not filed within the specified period. (3) If, after considering the application, the Registrar of Trade Marks decides that it is reasonable to allow the filing of the new evidence, he or she must: (a) set a date by which the new evidence must be filed; and (b) notify the applying party of the date in writing. (4) If the Registrar of Trade Marks decides that it is not reasonable to allow the filing of the new evidence, he or she must notify the applying party in writing that new evidence may not be filed. Evidence in answer to new evidence (5) If the new evidence is filed by the date set under subsection (3), the Registrar of Trade Marks must send a written notice to the other party (if any) that: (a) tells the other party that the new evidence is filed; and (b) sets a reasonable period for the party to file evidence in answer to it. (6) The Registrar of Trade Marks must also notify both parties, in writing, of the date by which a request for a hearing under section 39 must be made.

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