Proceedings for infringement of registered trade mark: Validity of registration disputed (O. 87, r. 3)
—(1) Where in any proceedings a claim is made for relief for infringement of a registered trade mark, the party against whom the claim is made may in his defence put in issue the validity of the registration of that trade mark or may counterclaim for the revocation of the registration or for a declaration that the registration was invalid or for the rectification of the register, or may do all or any of these.
(2) A party to any such proceedings who in his pleading (whether by way of defence or counterclaim) disputes the validity of the registration of a registered trade mark or seeks an order for the revocation of the registration or a declaration that the registration is invalid or an order for the rectification of the register must serve with the pleading particulars of the objection to the validity of the registration on which he relies.
(3) The party referred to in paragraph (2) must serve a copy of his pleading (including a copy of the particulars of objection to the validity of the registration) on the Registrar within 7 days of the filing of the pleading in Court, and the Registrar shall be entitled to take part in the proceedings to the extent permitted by the Court but need not serve a defence or other pleading unless ordered to do so by the Court.