IPIN/lINGAIT/2
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Security for
costs.
58. The Registrar may require any person giving notice of
opposition or any applicant sending a counter-statement after
receipt of a copy of such notice to give security, in such form
as the Registrar may deem sufficient, for the costs of the
proceedings before the Registrar, for such amount as the
Registrar may deem fit, and at any stage in the opposition
proceeding may require further security to be given at any
time before giving his decision in the case.
Costs in
uncontested
cases.
59. In the event of an opposition being uncontested by the
applicant, the Registrar in deciding whether costs should be
awarded to the opponent shall consider whether proceedings
might have been avoided if reasonable notice had been given
by the opponent to the applicant before the notice of
opposition was lodged.
Opposition
to applications under
section 43.
60. Within one month from the date of any advertisement
in the Journal of an application for the registration of a
certification trade mark, any person may give notice to the
Registrar on Form 6 of opposition under sub-paragraph (1)
of paragraph 2 of the First Schedule of the Act and regulations 49 and 59 of these Regulations shall apply to the
proceedings thereon; and any person may give notice to the
appropriate authority on Form 37 of opposition under subparagraph (2) of paragraph 2 of the said the First Schedule
and regulations 49 to 59 of these Regulations shall apply with
the necessary modifications to the proceedings thereon, with
substitution of Form 38 for Form 7 and of Form 39 for Form
8 and in any case of doubt any party may apply to the
Registrar or the appropriate authority, as the case may be for
directions.
'
Non-Completion
61. Where registration of a trade mark is not completed Non- l .
within twelve months from the date of the application by ~~~fne:~~e~ve
reason of default on the part of the applicant, the Registrar months.
shall on Form 9 give notice in writing to the applicant at his
trade or business address of the non-completion, but if the
applicant has authorised an agent for the purpose of the
application the Registrar shall instead send the notice to the
agent and shall send a duplicate thereof to the applicant and
if after fourteen days from the date when the notice was sent
or such further time as the Registrar' may allow, the
registration is not completed the application shall be deemed
to be abandoned.