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Publication of and opposition to application for correction

Trade Marks Rules

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—(1) This rule applies where a person (X) makes an application under rule 22 on or after 26 May 2022 for the correction in an application of an error or a mistake in —(a)the name or other particular of an applicant of an application for registration; or(b)any information pertaining to a priority application.(2) If the Registrar determines that the interests of any person may be affected by the proposed correction, the Registrar may publish the application and the nature of the proposed correction in the Trade Marks Journal and in any other manner that the Registrar determines.(3) Any person (Y) may, at any time within 2 months after the date of the publication, give a written notice to the Registrar of opposition to the application in Form TM 11.(4) The notice of opposition must be accompanied by a supporting statement setting out fully the facts on which Y relies.(5) Y must, at the time the notice and the statement are filed, serve on X a copy of the notice and a copy of the statement.(6) If Y does not comply with paragraph (5), Y’s notice of opposition is treated as not having been filed.(7) If X desires to proceed with the application, X must —(a)within 2 months after the date on which X is served the copies of the notice and the statement, file a counter-statement in Form HC6 setting out fully the grounds on which X contests the opposition; and(b)at the time the counter-statement is filed, serve on Y a copy of the counter-statement.(8) If X does not comply with paragraph (7), X’s application under rule 22 is treated as withdrawn.(9) The Registrar may give such directions as the Registrar thinks fit with regard to any aspect of the procedure for the application or the opposition to the application.(10) The Registrar must consider the opposition in deciding whether to grant the application.

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