C.713
(2) Where at the time of filing the declaration referred to in subregulation (1),
a certified copy of the application earlier filed is not found, that copy shall be
furnished within three months from the date on which the application containing
the declaration was filed:
Provided that the Registrar may extend the time limit referred to in this
subregulation for an additional period of three months, if the applicant supplies
evidence that, due to circumstances beyond the applicant control, the applicant
was not able to comply with the prescribed time limit.
(3) Where the priorities of two or more earlier applications are claimed, in
accordance with subregulation (1), the indication relating to those earlier
applications may be included in a single declaration.
39. (1) The withdrawal of an application for a mark shall be made by a
written declaration signed by the applicant or his or her authorised agent and
submitted to the Registrar.
(2) The application fee shall not be refunded if an application is withdrawn.
40. Subject to section 78 (3) of the Act, if the Registrar accepts the application
he or she shall notify the applicant in writing, requesting him or her to pay the
publication fee within one month from the date of the notification, and, subject
to the payment of the publication fee within the period prescribed, the Registrar
shall proceed to publish the application setting out —
(a) the filing date and, where applicable, the priority date;
(b) the representation of the mark;
(c) the goods or services in respect of which the registration of the mark is
requested, with an indication of the corresponding class or classes of
the International Classification;
(d) the name and address of the applicant; and
(e) the name and address of the agent, if any.
41. (1) Any person who wishes to appose the registration of mark shall file
with the Registrar a notice of opposition within three months from the date of
publication in the Journal.
(2) A notice of opposition referred to in subregulation (1) shall be —
(a) in Form 12 set out in the First Schedule;
(b) accompanied by the fee set out in the Second Schedule; and
(c) accompanied by supporting evidence, if any.
(3) The counter-statement required under section 79 (2) of the Act shall be
given within two months from the date the notice of opposition is received by
the applicant, in writing, stating the grounds upon which the applicant relies
for his or her application and accompanied by supporting evidence, if any.
42. (1) Subject to section 80 of the Act, where an application for the
registration of a mark —
(a) has not been opposed within the prescribed time limit; or
(b) has been opposed and the opposition has been rejected,
the Registrar shall register the mark and issue to the applicant a certificate of
registration in Form 13 set out in the First Schedule, upon payment of the
registration fee set out in the Second Schedule.
(2) The Registrar shall allocate to each mark he or she registers the same
number as the number allocated under regulation 35.
Withdrawal of
application
Acceptance
of
application,
etc.
Opposition for
registration of
a mark
Registration
of mark;
publication
of reference;
issuance of
certificate