6.4 Hearing

Where an application for the cancellation of the registration of a licensee is made, either party may present evidence in support of that party’s case and may avail itself of the opportunity to be heard on the matter.³⁹ Where a party requests a hearing, that request:

• Must be made in writing;
• Must indicate whether the applicant desires a hearing in person or a hearing based on written submissions.

Upon receipt of the request for a hearing, the application will be forwarded to the Hearings Office.

Where the applicant requests a hearing in person, a hearing will be held before an Assistant Commissioner. Where the applicant requests a hearing based on written submissions, the applicant will be asked to forward its written submissions and an Assistant Commissioner will then consider those written submissions.

The Commissioner may refuse the application, or may cancel the registration subject to any conditions, amendments, modifications or limitations that the Commissioner thinks appropriate.⁴⁰ The Commissioner will notify all parties of the decision.

Where the cancellation request is accepted, the Commissioner will cancel the licensee registration and notify all parties of the cancellation.

Footnotes

³⁹ See regulation 155(1) of the Trade Marks Regulations 2003.