Singapore legislation

Regulation 31A

of Trade Marks Rules

Regulation 31A

Rounds of evidence

Amended byS 692/2021 wef 01/10/2021S 692/2021 wef 01/10/2021S 692/2021 wef 01/10/2021S 692/2021 wef 01/10/2021S 692/2021 wef 01/10/2021S 692/2021 wef 01/10/2021S 22/2017 wef 31/01/2017

Subregulation 1

Where the counter-statement has been filed, the Registrar must, after hearing the parties on the appropriate timelines, specify the periods within which the following evidence may be filed by the parties:

(a)

statutory declaration setting out the evidence the opponent wishes to adduce in support of the opposition;

(b)

statutory declaration setting out the evidence the applicant wishes to adduce in support of the application;

(c)

statutory declaration setting out the opponent’s evidence in reply.

Subregulation 1A

Amended byS 692/2021 wef 01/10/2021

Subject to paragraphs (1B) and (2), the Registrar may, in any case after specifying the periods within which the evidence mentioned in paragraph (1) may be filed by the parties, shorten any of those periods.

Subregulation 1B

Amended byS 692/2021 wef 01/10/2021

The Registrar may only exercise the Registrar’s power under paragraph (1A) after giving the parties an opportunity to be heard.

Subregulation 2

Amended byS 692/2021 wef 01/10/2021

Each period specified by the Registrar under paragraph (1), or as shortened by the Registrar under paragraph (1A) (if applicable), must not be shorter than 2 months.

Subregulation 3

Amended byS 692/2021 wef 01/10/2021

The opponent must file with the Registrar the statutory declaration mentioned in paragraph (1)(a) within —

(a)

the period specified by the Registrar under paragraph (1), or as shortened by the Registrar under paragraph (1A) (if applicable), for that statutory declaration; or

(b)

that period as extended under rule 32.

Subregulation 4

Amended byS 692/2021 wef 01/10/2021

The applicant must file with the Registrar the statutory declaration mentioned in paragraph (1)(b) within —

(a)

the period specified by the Registrar under paragraph (1), or as shortened by the Registrar under paragraph (1A) (if applicable), for that statutory declaration; or

(b)

that period as extended under rule 32(7)(a) or 33.

Subregulation 5

Amended byS 692/2021 wef 01/10/2021

The opponent may file with the Registrar the statutory declaration mentioned in paragraph (1)(c) within —

(a)

the period specified by the Registrar under paragraph (1), or as shortened by the Registrar under paragraph (1A) (if applicable), for that statutory declaration; or

(b)

that period as extended under rule 32(7)(a), 33(7)(a) or 34.

Subregulation 6

When the opponent files the statutory declaration mentioned in paragraph (1)(a) or (c), the opponent must, at the same time, serve a copy of the statutory declaration on the applicant.

Subregulation 7

When the applicant files the statutory declaration mentioned in paragraph (1)(b), the applicant must, at the same time, serve a copy of the statutory declaration on the opponent.

Subregulation 8

If the opponent fails to comply with paragraph (3) or (6) in respect of the statutory declaration mentioned in paragraph (1)(a), the opponent is treated as having withdrawn the opposition.

Subregulation 9

If the applicant fails to comply with paragraph (4) or (7), the applicant is treated as having withdrawn the application for registration.

Subregulation 10

Amended byS 22/2017 wef 31/01/2017

The opponent’s statutory declaration in reply mentioned in paragraph (1)(c) must be confined to matters strictly in reply to the applicant’s statutory declaration mentioned in paragraph (1)(b).

Regulation 31A — Trade Marks Rules | laws.sg