69. Rounds of evidence

Where the counter-statement has been filed, the Registrar, after hearing the parties on the appropriate timelines, must make all of the following directions:

the opponent must, within a specified period (including any extension under rule 70), file with the Registrar a statutory declaration setting out the evidence the opponent wishes to adduce in support of the opposition to the proposed cancellation and serve on the applicant a copy of the same declaration;

the applicant must, within a specified period (including any extension under rule 70), file with the Registrar a statutory declaration setting out the evidence the applicant wishes to adduce in support of the proposed cancellation and serve on the opponent a copy of the same declaration; (c)the opponent may, within a specified period after the service of the declaration in sub-paragraph (b) (including any extension under rule 70), file with the Registrar a statutory declaration setting out the opponent’s evidence in reply and serve on the applicant a copy of the same declaration.

Each period specified by the Registrar under paragraph (1) must be 2 months or more.

The opponent’s statutory declaration mentioned in paragraph (1)(c) must be confined to matters that are strictly in reply to the applicant’s statutory declaration mentioned in paragraph (1)(b).

If the opponent does not comply with a direction under paragraph (1)(a), the opponent is treated as having withdrawn the opposition.

If the applicant does not comply with a direction under paragraph (1)(b), the applicant is treated as having withdrawn the application under rule 65(1).

Where the counter-statement has been filed, the Registrar, after hearing the parties on the appropriate timelines, must make all of the following directions:

the opponent must, within a specified period (including any extension under rule 70), file with the Registrar a statutory declaration setting out the evidence the opponent wishes to adduce in support of the opposition to the proposed cancellation and serve on the applicant a copy of the same declaration;

the applicant must, within a specified period (including any extension under rule 70), file with the Registrar a statutory declaration setting out the evidence the applicant wishes to adduce in support of the proposed cancellation and serve on the opponent a copy of the same declaration; (c)the opponent may, within a specified period after the service of the declaration in sub-paragraph (b) (including any extension under rule 70), file with the Registrar a statutory declaration setting out the opponent’s evidence in reply and serve on the applicant a copy of the same declaration.

Each period specified by the Registrar under paragraph (1) must be 2 months or more.

The opponent’s statutory declaration mentioned in paragraph (1)(c) must be confined to matters that are strictly in reply to the applicant’s statutory declaration mentioned in paragraph (1)(b).

If the opponent does not comply with a direction under paragraph (1)(a), the opponent is treated as having withdrawn the opposition.

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