65. Application for cancellation

An application to the Registrar for the cancellation of the registration of a registered geographical indication must be made in Form CM3.

The application —

must be accompanied by a statement of the grounds relied upon by the person applying for the cancellation; (b)in the case of an application made by a person other than the registrant of the registered geographical indication, must relate to one or more of the grounds specified in section 52(2) of the Act; and

must specify the registered variant of the geographical indication for which the application for cancellation is made, if the application for cancellation is not made in respect of all the variants that are registered.

Where the application is for the cancellation of the registration of 2 or more variants constituting a geographical indication, the statement of the grounds mentioned in paragraph (2)(a) must specify which variant or variants each of the grounds relates to.

The applicant must provide to the Registrar such evidence in respect of the application as the Registrar may require.

The applicant (other than the registrant of the registered geographical indication) must serve on the registrant of the registered geographical indication —

a copy of the application; and (b)where evidence is required by the Registrar under paragraph (3), such evidence,at the same time those documents are filed with the Registrar.

Where the Registrar proposes to allow an application for the cancellation of the registration of a geographical indication under paragraph (1), the Registrar must publish the proposed cancellation in the Geographical Indications Journal.

Any person who wishes to oppose the cancellation must, in accordance with rule 66, file with the Registrar a notice of opposition to the cancellation.

Where no notice of opposition has been filed within the period mentioned in rule 66(1), the application must be granted.

An application to the Registrar for the cancellation of the registration of a registered geographical indication must be made in Form CM3.

The application —

must be accompanied by a statement of the grounds relied upon by the person applying for the cancellation; (b)in the case of an application made by a person other than the registrant of the registered geographical indication, must relate to one or more of the grounds specified in section 52(2) of the Act; and

must specify the registered variant of the geographical indication for which the application for cancellation is made, if the application for cancellation is not made in respect of all the variants that are registered.

Where the application is for the cancellation of the registration of 2 or more variants constituting a geographical indication, the statement of the grounds mentioned in paragraph (2)(a) must specify which variant or variants each of the grounds relates to.

The applicant must provide to the Registrar such evidence in respect of the application as the Registrar may require.

The applicant (other than the registrant of the registered geographical indication) must serve on the registrant of the registered geographical indication —

a copy of the application; and (b)where evidence is required by the Registrar under paragraph (3), such evidence,at the same time those documents are filed with the Registrar.

Where the Registrar proposes to allow an application for the cancellation of the registration of a geographical indication under paragraph (1), the Registrar must publish the proposed cancellation in the Geographical Indications Journal.

Any person who wishes to oppose the cancellation must, in accordance with rule 66, file with the Registrar a notice of opposition to the cancellation.

Where no notice of opposition has been filed within the period mentioned in rule 66(1), the application must be granted.