82Hearing and submissions

82 Hearing and submissions

(1) If at least one notice is given under section 80 or subsection 81(5), any party may ask the Registrar of Trade Marks to conduct a hearing. (2) The request must be made in writing to the Registrar of Trade Marks no later than 1 month after the last day on which evidence may be filed in accordance with any notice given under section 80 or subsection 81(5). (3) The request must be accompanied by the fee prescribed by section 87. (4) If the Registrar of Trade Marks receives a request under subsection (1), 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 relates to a registered trade mark; and (b) the registered trade mark is the subject of removal or cancellation proceedings; the Registrar of Trade Marks must not conduct a hearing until the removal or cancellation proceedings are complete. (6) The fee prescribed by section 87 for attendance at a hearing is payable by each party that attends the hearing.