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Part 3 · Qualification of Rights

41. Notice of opposition

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(1)

A person who claims the person’s interests will be affected by a proposed qualification of rights (called in this Part the opponent) may, within 2 months (or such longer period as may be granted under rule 43) after the date of publication mentioned in rule 40(4), file with the Registrar a notice opposing the qualification of rights in Form GI13 (called in this Part the notice of opposition).

(2)

The notice of opposition must contain a statement of the grounds upon which the opponent opposes the proposed qualification of rights, which must relate to either or both of the grounds specified in section 46(2) of the Act.

(3)

The opponent must serve on the requestor a copy of the notice of opposition at the same time the notice is filed with the Registrar.

(4)

If the opponent does not comply with paragraph (3), the notice of opposition is treated as not having been filed.

Subregulation 1

A person who claims the person’s interests will be affected by a proposed qualification of rights (called in this Part the opponent) may, within 2 months (or such longer period as may be granted under rule 43) after the date of publication mentioned in rule 40(4), file with the Registrar a notice opposing the qualification of rights in Form GI13 (called in this Part the notice of opposition).

Subregulation 2

The notice of opposition must contain a statement of the grounds upon which the opponent opposes the proposed qualification of rights, which must relate to either or both of the grounds specified in section 46(2) of the Act.

Subregulation 3

The opponent must serve on the requestor a copy of the notice of opposition at the same time the notice is filed with the Registrar.

Subregulation 4

If the opponent does not comply with paragraph (3), the notice of opposition is treated as not having been filed.

Report

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

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