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Part 6 · Cancellation

67. Counter-statement

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Amended

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

(1)

Within 2 months (or such longer period as may be granted under rule 68) after the date of receipt of the copy of the notice of opposition from the opponent, the applicant must file with the Registrar a counter‑statement in Form HC6 (called in this Part the counter-statement) setting out —

(a)

the grounds on which the applicant relies to support the application under rule 65; and

(b)

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

(1A)

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 counter-statement must specify which variant or variants each of the grounds mentioned in paragraph (1)(a) relates to.

(2)

The applicant must serve a copy of the counter-statement on the opponent at the same time the counter-statement is filed with the Registrar.

(3)

If the applicant does not comply with paragraph (1) or (2), the applicant is treated as having withdrawn the application under rule 65.

Subregulation 1

Within 2 months (or such longer period as may be granted under rule 68) after the date of receipt of the copy of the notice of opposition from the opponent, the applicant must file with the Registrar a counter‑statement in Form HC6 (called in this Part the counter-statement) setting out —

(a)

the grounds on which the applicant relies to support the application under rule 65; and

(b)

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

Subregulation 1A

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 counter-statement must specify which variant or variants each of the grounds mentioned in paragraph (1)(a) relates to.

Subregulation 2

The applicant must serve a copy of the counter-statement on the opponent at the same time the counter-statement is filed with the Registrar.

Subregulation 3

If the applicant does not comply with paragraph (1) or (2), the applicant is treated as having withdrawn the application under rule 65.

Report

Part 7

Evidence and Procedure

Part 8

Costs

Part 9

Extension of Time and Continued Processing

Part 9A

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Part 10

Hours of Business and Excluded Days

Part 11

Miscellaneous

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