The below direction was published in the Trade Marks Journal on 13 July 2017. It will be sent to all parties in opposition matters following the filing of a Notice of Intention to Defend, commencing 6 July 2017.
Direction on the way evidence is submitted to IP Australia in trade mark opposition matters.
In reliance on regulations 5.19, 9.21, 17A.34Q and 17A.48W of the Trade Marks Regulations 1995, as a delegate of the Registrar of Trade Marks, I direct that:
- If more than 50 pages in total are submitted by a party as evidence in proceedings for opposition matters, including all declarations and exhibits, each document submitted must be clearly paginated and bookmarked in a way that sufficiently identifies the evidence that the party is relying on.
- If more than 50 pages of evidence are submitted by a party, a summary of the evidence, referring back to the grounds set out in the filed Statement of Grounds and Particulars and the relevant page number within the documents filed, must be provided with the party’s written summary of submissions to be relied on at the hearing.
If you object to providing documents in your particular matter in a way that complies with this Direction, please submit representations setting out your objection using IP Australia’s ‘eServices’ via www.ipaustralia.gov.au within 14 days of the date of the letter accompanying your copy of this Direction.
In the absence of representations to the contrary, the above Direction will be taken as made.
Delegate of the Registrar of Trade Marks
6 July 2017