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Part 2 · Registration of Geographical Indication

29. Counter-statement and supporting evidence

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Amended

Last amended by an amending law of 2022. 2 amendments in all.

(1)

Within 6 weeks (or such longer period as may be granted under rule 30) after the date on which the applicant receives from the opponent the copies of the notice of opposition and the statutory declaration mentioned in rule 27(1)(b), the applicant must file with the Registrar —

(a)

a counter-statement in Form HC6 (called in this Division the counter-statement); and

(b)

a statutory declaration setting out the evidence the applicant wishes to adduce in support of the application. (2) The counter-statement must set out —

(a)

the grounds on which the applicant relies as supporting the application; and

(b)

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

(2A)

Where the opponent opposes the registration of 2 or more variants constituting a geographical indication, the counter-statement mentioned in paragraph (1)(a) must specify which variant or variants each of the grounds mentioned in paragraph (2)(a) relates to.

(3)

The applicant must serve on the opponent a copy of the counter‑statement and the applicant’s statutory declaration at the same time the counter-statement and the statutory declaration are filed with the Registrar.

(4)

If the applicant does not comply with paragraph (1), (2) or (3), the application for registration is treated as withdrawn.

Subregulation 1

Within 6 weeks (or such longer period as may be granted under rule 30) after the date on which the applicant receives from the opponent the copies of the notice of opposition and the statutory declaration mentioned in rule 27(1)(b), the applicant must file with the Registrar —

(a)

a counter-statement in Form HC6 (called in this Division the counter-statement); and

(b)

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

Subregulation 2

The counter-statement must set out —

(a)

the grounds on which the applicant relies as supporting the application; and

(b)

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

Subregulation 2A

Where the opponent opposes the registration of 2 or more variants constituting a geographical indication, the counter-statement mentioned in paragraph (1)(a) must specify which variant or variants each of the grounds mentioned in paragraph (2)(a) relates to.

Subregulation 3

The applicant must serve on the opponent a copy of the counter‑statement and the applicant’s statutory declaration at the same time the counter-statement and the statutory declaration are filed with the Registrar.

Subregulation 4

If the applicant does not comply with paragraph (1), (2) or (3), the application for registration is treated as withdrawn.

Report

Part 3

Qualification of Rights

Part 4

Register

Part 5

Renewal of Registration of Geographical Indication

Part 6

Cancellation

Part 7

Evidence and Procedure

Part 8

Costs

Part 9

Extension of Time and Continued Processing

Part 9A

Electronic Online System

Part 10

Hours of Business and Excluded Days

Part 11

Miscellaneous

Schedules