41Decision by Registrar of Trade Marks

41 Decision by Registrar of Trade Marks

(1) Subject to this section, the Registrar of Trade Marks must, as soon as practicable after all periods for the filing of evidence or requesting conduct of a hearing have ended (and, if a hearing is requested, after the hearing has been held), make a decision under subsection 40RC(2) of the Act (and subsection 40RC(3) of the Act if applicable) by considering: (a) the notice published under subsection 40RA(2) of the Act; and (b) the objection; and (c) the evidence filed by the parties; and (d) if a hearing has been held—representations and material from the hearing and any written submissions by the parties; and (e) any other matter that the Registrar of Trade Marks considers relevant. (2) 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 make a decision under subsection 40RC(2) or (3) of the Act until the removal or cancellation proceedings are complete. (3) The Registrar of Trade Marks must decide that the ground of objection is not made out if: (a) the person objecting to the proposed GI does not file any evidence within the period mentioned in paragraph 36(1)(c); or (b) the person objecting to the proposed GI withdraws the notice of objection before the Registrar of Trade Marks makes a decision about the objection.

Note: The Registrar of Trade Marks must notify the parties and the Geographical Indications Committee about his or her decision: see subsection 40RD(1) of the Act.