Singapore legislation

Regulation 31

of Trade Marks Rules

Regulation 31

Counter-statement

Amended byS 743/2014 wef 13/11/2014S 743/2014 wef 13/11/2014S 22/2017 wef 31/01/2017S 22/2017 wef 31/01/2017S 743/2014 wef 13/11/2014S 22/2017 wef 31/01/2017S 22/2017 wef 31/01/2017S 22/2017 wef 31/01/2017

Subregulation 1

Amended byS 743/2014 wef 13/11/2014

Within 2 months after the date of receipt of the copy of the notice of opposition from the opponent, the applicant shall file with the Registrar a counter-statement in Form HC6 (referred to in this Division as the counter-statement) setting out —

(a)

the grounds on which he relies as supporting his application; and

(b)

the facts alleged in the notice of opposition which he admits, if any.

Subregulation 2

The applicant shall serve a copy of the counter-statement on the opponent at the same time as the counter-statement is filed with the Registrar.

Subregulation 3

Amended byS 743/2014 wef 13/11/2014

If the applicant does not comply with paragraph (1) or (2), he shall be treated as having withdrawn his application.

Subregulation 4

Amended byS 22/2017 wef 31/01/2017

A request for an extension of time to file the counter‑statement —

(a)

must be made by the applicant to the Registrar in Form HC3 within 2 months after the date of receipt of the notice of opposition from the opponent; and

(b)

must state —

(i)

the reason for the extension; and

(ii)

the name and address of every person likely to be affected by the extension.

Subregulation 4A

Amended byS 22/2017 wef 31/01/2017

The applicant must, at the time the request mentioned in paragraph (4) is made to the Registrar, serve on the opponent, and on each person likely to be affected by an extension of time to file the counter‑statement, a copy of that request.

Subregulation 5

Amended byS 743/2014 wef 13/11/2014

The total extension of time which the Registrar may allow to file the counter-statement shall not exceed 4 months after the date of receipt by the applicant of the notice of opposition.

Subregulation 6

Amended byS 22/2017 wef 31/01/2017

The Registrar may refuse to grant an extension of time to file the counter‑statement if the applicant —

(a)

fails to show a good and sufficient reason for the extension; or

(b)

fails to show to the Registrar’s satisfaction that the request mentioned in paragraph (4) has been served on the opponent and on each person likely to be affected by the extension.

Subregulation 7

Amended byS 22/2017 wef 31/01/2017

Upon granting an extension of time to file the counter‑statement, the Registrar must send a notification of the extension to the opponent and each person mentioned in paragraph (4)(b)(ii).

Subregulation 8

Amended byS 22/2017 wef 31/01/2017

The opponent or any person likely to be affected by an extension of time to file the counter‑statement may, not later than 2 weeks after the receipt of the Registrar’s notification of the extension, apply in writing to the Registrar for the revocation of the extension on the ground that the request mentioned in paragraph (4) had not been served on the opponent or on that person (as the case may be).

Subregulation 9

[Deleted by S 22/2017 wef 31/01/2017]