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Part 2 · Registration of Geographical Indication

31. Evidence in reply by opponent

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Amended

Last amended by an amending law of 2022.

(1)

Within one month (or such longer period as may be granted under this rule) after the date on which the opponent receives from the applicant the copies of the counter‑statement and the statutory declaration mentioned in rule 29(1), the opponent may file with the Registrar a statutory declaration setting out the opponent’s evidence in reply.

(2)

If the opponent files with the Registrar the opponent’s statutory declaration mentioned in paragraph (1), the opponent must serve on the applicant a copy of the statutory declaration at the same time the same declaration is filed with the Registrar.

(3)

The opponent’s statutory declaration mentioned in paragraph (1) must be confined strictly to matters in response to the applicant’s statutory declaration mentioned in rule 29(1)(b).

(4)

The opponent may request for an extension of time to file the statutory declaration under paragraph (1) by filing with the Registrar Form HC3 before the expiry of the period (including any extension previously granted under this rule) specified in paragraph (1).

(5)

The request for the extension of time must state —

(a)

the length of the extension; and

(b)

the reason for the extension. (6) The opponent must serve on the applicant a copy of the request under paragraph (4) at the same time the request is filed with the Registrar.

(7)

The applicant may object to the request under paragraph (4) not later than 2 weeks after the date of receipt of a copy of the request.

(8)

The Registrar may refuse to grant the request under paragraph (4) if the opponent —

(a)

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

(b)

fails to show to the Registrar’s satisfaction that a copy of the request has been served on the applicant.

(9)

The Registrar may grant or refuse to grant the request under paragraph (4) without a hearing unless it appears to the Registrar that a hearing in accordance with rule 73(1) is required.

(10)

The Registrar must, by notice in writing, inform the opponent —

(a)

whether the request under paragraph (4) is granted; and

(b)

if the request is granted, the length of the extension granted.

(11)

If the request under paragraph (4) is granted, the Registrar must, by notice in writing, inform the applicant of the length of the extension granted to the opponent.

(12)

The applicant may, not later than 2 weeks after receiving the notice in paragraph (11), apply in writing to the Registrar to revoke the extension on the ground that the applicant had not been served a copy of the request under paragraph (4).

Subregulation 1

Within one month (or such longer period as may be granted under this rule) after the date on which the opponent receives from the applicant the copies of the counter‑statement and the statutory declaration mentioned in rule 29(1), the opponent may file with the Registrar a statutory declaration setting out the opponent’s evidence in reply.

Subregulation 2

If the opponent files with the Registrar the opponent’s statutory declaration mentioned in paragraph (1), the opponent must serve on the applicant a copy of the statutory declaration at the same time the same declaration is filed with the Registrar.

Subregulation 3

The opponent’s statutory declaration mentioned in paragraph (1) must be confined strictly to matters in response to the applicant’s statutory declaration mentioned in rule 29(1)(b).

Subregulation 4

The opponent may request for an extension of time to file the statutory declaration under paragraph (1) by filing with the Registrar Form HC3 before the expiry of the period (including any extension previously granted under this rule) specified in paragraph (1).

Subregulation 5

The request for the extension of time must state —

(a)

the length of the extension; and

(b)

the reason for the extension.

Subregulation 6

The opponent must serve on the applicant a copy of the request under paragraph (4) at the same time the request is filed with the Registrar.

Subregulation 7

The applicant may object to the request under paragraph (4) not later than 2 weeks after the date of receipt of a copy of the request.

Subregulation 8

The Registrar may refuse to grant the request under paragraph (4) if the opponent —

(a)

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

(b)

fails to show to the Registrar’s satisfaction that a copy of the request has been served on the applicant.

Subregulation 9

The Registrar may grant or refuse to grant the request under paragraph (4) without a hearing unless it appears to the Registrar that a hearing in accordance with rule 73(1) is required.

Subregulation 10

The Registrar must, by notice in writing, inform the opponent —

(a)

whether the request under paragraph (4) is granted; and

(b)

if the request is granted, the length of the extension granted.

Subregulation 11

If the request under paragraph (4) is granted, the Registrar must, by notice in writing, inform the applicant of the length of the extension granted to the opponent.

Subregulation 12

The applicant may, not later than 2 weeks after receiving the notice in paragraph (11), apply in writing to the Registrar to revoke the extension on the ground that the applicant had not been served a copy of the request under paragraph (4).

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