85Decision by Registrar of Trade Marks

85 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), decide whether the ground of objection no longer exists by considering: (a) the evidence filed by the parties; and (b) if a hearing has been held—representations and material from the hearing and any written submissions by the parties; and (c) any other matter that the Registrar of Trade Marks considers relevant. (2) 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 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 continues to exist if no party files evidence within the period mentioned in paragraph 79(1)(c). (4) The Registrar of Trade Marks must decide that the ground of objection continues to exist if: (a) the applicant under section 76 withdraws the application; and (b) no other party makes a request to continue the proceedings under section 84.