39Hearing and submissions

39 Hearing and submissions

(1) If at least one notice is given under section 37 or subsection 38(5), any party may ask the Registrar of Trade Marks to conduct a hearing. (2) The request must be made to the Registrar of Trade Marks in writing no later than 1 month after the last day on which evidence may be filed in accordance with any notice given under section 37 or subsection 38(5). (3) The request must be accompanied by the fee prescribed by section 42. (4) If the Registrar of Trade Marks receives a request in accordance with subsections (1) to (3), he or she must: (a) send each party a written notice that: (i) informs the party a hearing will be held; and (ii) invites written submissions to be made before the hearing; and (b) conduct a hearing. (5) If: (a) the objection was made on a ground mentioned in subsection 40RB(1) of the Act; and (b) the registered trade mark concerned is the subject of removal or cancellation proceedings; the Registrar of Trade Marks must not conduct the hearing until the removal or cancellation proceedings are complete. (6) The fee prescribed by section 42 for attendance at a hearing is payable by each party that attends the hearing.