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Part 6 · Cancellation

66. Notice of opposition

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Amended

Last amended by an amending law of 2020.

(1)

A person who claims that the person’s interests will be affected by a proposed cancellation of the registration of a registered geographical indication (called in this Part the opponent) may, within 2 months (or such longer period as may be granted under rule 68) after the date of publication of the proposed cancellation mentioned in rule 65(5), file with the Registrar a notice opposing the cancellation of the registration 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 cancellation. (2A) Where the application for cancellation made under rule 65 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) must specify which variant or variants each of the grounds relates to.

(3)

The opponent must serve on the applicant 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 that the person’s interests will be affected by a proposed cancellation of the registration of a registered geographical indication (called in this Part the opponent) may, within 2 months (or such longer period as may be granted under rule 68) after the date of publication of the proposed cancellation mentioned in rule 65(5), file with the Registrar a notice opposing the cancellation of the registration 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 cancellation.

Subregulation 2A

Where the application for cancellation made under rule 65 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) must specify which variant or variants each of the grounds relates to.

Subregulation 3

The opponent must serve on the applicant 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.

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Part 8

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Part 9

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