counter-statement shall be in duplicate.
LAWS OF MALAWI
Trade marks
Trade Marks Regulations
Cap. 49:01
(Subsidiary)
49.
Upon receipt if the counter-statement and duplicate the Registrar shall
forthwith send the duplicate to the opponent and within two months from the
receipt of the duplicate the opponent shall leave with the Registrar such
evidence by way of affidavit or solemn declaration as he may desire to adduce
in support of his opposition and shall deliver to the applicant a copy of such
evidence.
50.
(1) If an opponent leaves no evidence he shall, unless the Registrar otherwise
directs, be deemed to have abandoned his opposition but, if he does leave
evidence, then, within two months from the receipt of the copies of such
evidence, the applicant shall leave with the Registrar such evidence by way of
affidavit or solemn declaration as he desires to adduce in support of his
application and shall deliver to the opponent a copy thereof.
(2)
Evidence
support
opposition.
in
of
Evidence
support
application.
in
of
An applicant shall, unless the Registrar otherwise directs, be deemed
to have withdrawn his application if, within the period of two months
referred to in sub-regulation (1), he:(a)
fails to leave with the Registrar such evidence as he desires
to adduce in support of his application; or
(b)
fails to notify the Registrar in the event of his not desiring to
adduce evidence in support of his application.
51.
Within two months from the receipt by the opponent of the copy of the
applicant’s affidavit or solemn declaration the opponent may leave with the
Registrar evidence by affidavit or solemn declaration in reply, and shall deliver
to the applicant a copy of such evidence. This evidence shall be confined to
matters strictly in reply.
52.
No further evidence shall be left on either side but, in any proceedings before
the Registrar, he may at any time if he thinks fit give leave to either the
applicant or the opponent to leave any evidence upon such terms as to costs or
otherwise as he may think fit.
53.
Where there are exhibits to affidavits or solemn declarations filed in an
opposition, a copy or impression of each exhibit shall be sent to the other party
on his request and at his expense, or, if such copies or impressions cannot
cannot conveniently be furnished, the originals shall be left with the Registrar
in order that they may be open to inspection. The original exhibits shall be
produced at the hearing unless the Registrar otherwise directs.
Evidence in reply
by opponent.
Further evidence.
Exhibits.
Hearing
54.
Upon completion of the evidence the Registrar shall give notice to the parties
of a date when he will hear the arguments in the case. Such appointment shall
be for a date at least fourteen days after the date of the notice, unless the parties
consent to a shorter notice. Within seven days from the receipt of the notice
any party who intends to appear shall so notify the Registrar on form TM. No.
8. A party who receives notice as aforesaid and who does not, within seven
days from the receipt thereof, so notify the Registrar on form TM. No. 8 may