71Decision by Registrar of Trade Marks

71 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 in writing whether the ground of objection is or is not made out by considering: (a) the notice published under section 61; 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 62(1); 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 (1) 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 item does not file any evidence within the period mentioned in paragraph 66(1)(c); or (b) the person objecting to the proposed item withdraws the notice of objection before the Registrar of Trade Marks makes a decision about the objection.