Supreme Court of Judicature (Intellectual Property) Rules 2022 · As enacted · Part 6 · Trade Marks Act 1998
66. Provisions relating to defendant
Feedback & supportThe defendant in an action for an infringement of a registered trade mark may do all or any of the following:
dispute the validity of the registration of the trade mark;
counterclaim for the revocation of the registration;
counterclaim for a declaration that the registration was invalid;
counterclaim for the rectification of the register.
If the defendant does anything mentioned in paragraph (1), the defendant must —
serve, with the pleading, particulars of the objection to the validity of the registration on which the party relies; and
serve the pleadings and the particulars mentioned in sub‑paragraph (a) on the Registrar within 7 days after filing those pleadings and particulars.
Subregulation 1
The defendant in an action for an infringement of a registered trade mark may do all or any of the following:
dispute the validity of the registration of the trade mark;
counterclaim for the revocation of the registration;
counterclaim for a declaration that the registration was invalid;
counterclaim for the rectification of the register.
Subregulation 2
If the defendant does anything mentioned in paragraph (1), the defendant must —
serve, with the pleading, particulars of the objection to the validity of the registration on which the party relies; and
serve the pleadings and the particulars mentioned in sub‑paragraph (a) on the Registrar within 7 days after filing those pleadings and particulars.