—(1) Within 4 months after the date of the Registrar’s notification of refusal based on opposition to the International Bureau, the holder shall file with the Registrar —
a counter-statement in Form HC6 setting out the grounds on which he relies as supporting the international registration designating Singapore, and the facts alleged in the notice of opposition which he admits, if any (referred to in these Rules as a counter-statement); and
(2) [Deleted by S 597/2008 wef 01/12/2008]
(3) The holder shall at the same time serve on the opponent a copy of both documents
(4) A request for an extension of time to file the counter-statement shall be made to the Registrar in Form HC3 within 4 months after the date of the Registrar’s notification of refusal based on opposition to the International Bureau.
(5) The total extension of time for which the Registrar may allow to file the counter-statement shall not exceed 6 months after the date of the Registrar’s notification of refusal based on opposition to the International Bureau.
(6) Before making a request for an extension of time, the holder shall serve a notice on the opponent and every other person likely to be affected by the extension, which shall contain —
a statement of the holder’s intention to request for the extension, the extension requested for, and the reason for the extension; and
a request for the consent of the opponent or other person to the extension.
(7) The request for the extension shall be supported by a copy of the notice referred to in paragraph (6) and the consent in writing, if this is given.
(8) The Registrar may refuse to grant the extension —
if the holder fails to show a good and sufficient reason for the extension; or
if the holder fails to show to the Registrar’s satisfaction that a notice referred to in paragraph (6) has been served on the opponent and every person likely to be affected by the extension.
(9) Where a person on whom a notice referred to in paragraph (6) is served fails or refuses to give his consent to the extension within 2 weeks after the date of the notice, the Registrar may, if he is satisfied that a good and sufficient reason has been shown for the extension, grant the extension; and the Registrar may do so without having to conduct a hearing in accordance with rule 67A of the Trade Marks Rules (R 1).
[S 372/2004 wef 01/07/2004]
(10) For the avoidance of doubt, if the holder fails to comply with paragraph (1) or (3) in relation to any class of goods or services in respect of which protection is opposed, the Registrar shall be entitled to treat the holder’s request for protection in Singapore in respect of those goods or services as withdrawn, and the refusal shall subsist in respect of those goods or services.
History for Provision '14 Counter-statement'.
25 June 2004
28 December 2005
21 November 2008
10 November 2014