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[Subsidiary]
Opposition
10
Registration
Opposition.
46. Any person may, within sixty days from the date of any
advertisement in the Gazette of an application for registration of a
trade mark, give notice in form Tl\1 6 to the Registrar of opposition
to the registration.
Notice of
opposition.
47. (1) The notice shall include a statement of the grounds upon
which the opponent objects to the registration.
(2) I f registration' is opposed on the ground that the mark
resembles marks already on the register, the numbers of those trade
marks and the numbers of the Gazettes in which they have been
advertised shall be set out.
(3) The notice shall be accompanied by a duplicate, which the
Registrar shall forthwith send to the applicant.
Counter
statement.
48. Within forty-two days from .the receipt of the duplicate
the applicant shall send to the Registrar a counter-statement in form
T~1 7 setting out the grounds on which he relies as supporting his
application.
(2) The' applicant shall also set out what facts, if any, alleged in
the notice of opposition he admits.
(3) The counter-statement shall be accompanied by a duplicate.
Evidence in
support
opposition.
of
49. Upon receipt of .the counter-statement and duplicate the
Registrar shall forthwith send the duplicate to the opponent, and
within forty-two days from the receipt of the duplicate tbe opponent
shall leave with the Registrar such evidence by way of statutory
declaration as he may desire to adduce in support of his opposition
and shall deliver to the applicant copies thereof.
Evidence in
support of
50. If an opponent lea ves no evidence, be shall, unless the Regis
trar otherwise directs, be deemed to have abandoned his opposition,
but, if he does leave evidence, then, within forty-two days from the
receipt of the copies of declarations, the applicant shall leave with the
Registrar such evidence by way of statutory declaration as he desires
to adduce in support of his application, and shall deliver to the
opponent copies thereof.
application.
Evidence in
reply by
opponenL
5 I. \Yitbin one month from the receipt by the opponent of the
copies' of the applican t's declarations the opponen t may leave with the
Registrar evidence by statutory declaration in reply, and shall deliver
to the applicant copies thereof; this evidence shall be confined to
matters strictly in reply.
Further
52. No further evidence shall be left on either side, but, in any
proceedings before the Registrar, he may at any time give lea ve
to either the applicant or the opponent to leave any evidence upon
such terms ~IS to costs or otherwise as he may think fit.
evidence.
Abandonment of
application or
opposition.
52A. If the applicant or opponent fails to furnish the required
coun ter-st.i tcmcn t or evidence in support within the times prescribed
by rules 4t> to 52: the application or opposition. as the case may be,
shall be deemed to be abandoned and the Registrar may proceed to
make an a ward of costs.
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