Singapore legislation

Regulation 14

of Trade Marks (International Registration) Rules

Regulation 14

Counter-statement

Amended byS 853/2005 wef 01/01/2006S 740/2014 wef 13/11/2014S 23/2017 wef 31/01/2017S 23/2017 wef 31/01/2017S 23/2017 wef 31/01/2017S 740/2014 wef 13/11/2014S 23/2017 wef 31/01/2017S 23/2017 wef 31/01/2017S 23/2017 wef 31/01/2017S 372/2004 wef 01/07/2004S 597/2008 wef 01/12/2008

Subregulation 1

Amended byS 853/2005 wef 01/01/2006S 740/2014 wef 13/11/2014S 23/2017 wef 31/01/2017

Within 4 months after the date of the Registrar’s notification of refusal based on opposition to the International Bureau, the holder shall file with the Registrar —

(a)

a counter-statement in Form HC6 setting out the grounds on which he relies as supporting the international registration designating Singapore, and the facts alleged in the notice of opposition which he admits, if any (referred to in these Rules as a counter-statement); and

(b)

an address for service in Singapore in the same Form HC6, unless an address for service has previously been filed.

Subregulation 2

[Deleted by S 597/2008 wef 01/12/2008]

Subregulation 3

The holder shall at the same time serve on the opponent a copy of both documents.

Subregulation 4

Amended byS 23/2017 wef 31/01/2017

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

(a)

must be made to the Registrar in Form HC3 within 4 months after the date of the Registrar’s notification of refusal based on opposition to the International Bureau; 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 23/2017 wef 31/01/2017

The holder must, at the time the request mentioned in paragraph (4) is filed with 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 740/2014 wef 13/11/2014

The total extension of time for which the Registrar may allow to file the counter-statement shall not exceed 6 months after the date of the Registrar’s notification of refusal based on opposition to the International Bureau.

Subregulation 6

Amended byS 23/2017 wef 31/01/2017

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

(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 23/2017 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 23/2017 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 23/2017 wef 31/01/2017]

Subregulation 10

Amended byS 372/2004 wef 01/07/2004S 597/2008 wef 01/12/2008

For the avoidance of doubt, if the holder fails to comply with paragraph (1) or (3) in relation to any class of goods or services in respect of which protection is opposed, the Registrar shall be entitled to treat the holder’s request for protection in Singapore in respect of those goods or services as withdrawn, and the refusal shall subsist in respect of those goods or services.