Singapore legislation
Regulation 41
Regulation 41
Counter-statement
Subregulation 1
If the registered owner wishes to respond to an application under rule 40, he shall, within 2 months after the date he receives the copies of the application and the statement, file with the Registrar a counter-statement in Form HC6 setting out fully —
the grounds on which he relies as supporting his registration; and
the facts alleged in the application which he admits, if any.
Subregulation 2
The registered owner shall serve a copy of the counter-statement on the applicant at the time the counter-statement is filed with the Registrar.
Subregulation 3
A request for an extension of time to file the counter‑statement shall be made by the registered owner to the Registrar in Form HC3 within 2 months after the date of receipt of the copies of the application and the statement.
Subregulation 4
The total extension of time for which the Registrar may allow the registered owner to file the counter-statement shall not exceed 4 months after the date of receipt by the registered owner of the copies of the application and the statement.
Subregulation 5
Before making a request for an extension of time, the registered owner shall serve on the applicant and every other person likely to be affected by the extension a notice containing —
a statement of the registered owner’s intention to request for the extension, the period of extension requested for and the reason for the extension; and
a request for the consent in writing of the applicant or other person likely to be affected by the extension.
Subregulation 6
The request for the extension shall be supported by —
a copy of the notice referred to in paragraph (5); and
the consent in writing of the applicant and of every other person likely to be affected by the extension, if given.
Subregulation 7
The Registrar may refuse to grant the extension if the registered owner —
fails to show a good and sufficient reason for the extension; or
fails to show to the Registrar’s satisfaction that the notice referred to in paragraph (5) has been served on the applicant and every other person likely to be affected by the extension.
Subregulation 8
Where a person on whom a notice referred to in paragraph (5) is served fails or refuses to give his consent in writing to the extension within 2 weeks after the date of the notice, the Registrar may, if he is satisfied that a good and sufficient reason has been shown for the extension, grant the extension without having to conduct a hearing in accordance with rule 52A.
Subregulation 8A
The Registrar shall grant the application where no counter‑statement has been filed or served on the applicant within the time allowed.
Subregulation 9
This rule and rules 42 to 48 shall not apply in any case where the Registrar refers the application to the Court for determination under section 27(4) of the Act.