Trade Marks Act 2002

Administrative provisions and miscellaneous - Commissioner and Assistant Commissioners of Trade Marks

176: Hearing before exercise of Commissioner's discretion

You could also call this:

"You can ask to speak before the Commissioner makes a decision that affects you"

The Commissioner has special powers under this Act and its rules. These powers let the Commissioner make decisions that might not be in your favour. However, you have the right to be heard before the Commissioner uses these powers against you. If you want to be heard, you need to ask for this chance within a certain time frame. This time frame is set out in the rules.

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Part 5Administrative provisions and miscellaneous
Commissioner and Assistant Commissioners of Trade Marks

176Hearing before exercise of Commissioner's discretion

  1. The Commissioner must not exercise any of the Commissioner's discretionary or other powers under this Act or any regulations made under this Act adversely to any person without (if required to do so within the prescribed time) giving the person an opportunity of being heard.