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Contents

Part I PRELIMINARY

Part II REGISTRATION OF TRADE MARKS

Division 1 — Registrability of Trade Marks

Division 2 — Application for Registration

Division 3 — Amendment of Application

Division 4 — Examination of Application for Registration

Division 5 — Publication

Division 6 — Opposition to Registration

Division 7 — Registration

Part III REGISTER

Part IV RENEWAL OF REGISTRATION OF TRADE MARK

Part V REGISTRABLE TRANSACTIONS

Part VI ALTERATION OF REGISTERED TRADE MARK

Part VII REVOCATION, INVALIDATION, RECTIFICATION AND CANCELLATION

Part VIII COLLECTIVE MARKS AND CERTIFICATION MARKS

Part IX EVIDENCE AND PROCEDURE

Part X COSTS

Part XI EXTENSION OF TIME AND REINSTATEMENT OF APPLICATIONS, RIGHTS AND THINGS

Part XIA ELECTRONIC ONLINE SYSTEM

Part XII HOURS OF BUSINESS AND EXCLUDED DAYS

Part XIII MISCELLANEOUS

Part XIV TRANSITIONAL PROVISIONS

FIRST SCHEDULE Fees

SECOND SCHEDULE Descriptions of Forms

THIRD SCHEDULE Classification of Goods and Services

FOURTH SCHEDULE Scale of Costs

Legislative History

 
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On 19/05/2013, you requested for the version in force on 19/05/2013 incorporating all amendments published on or before 19/05/2013. The closest version currently available is that of 01/01/2012.
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Notice of opposition
29.
—(1)  A person (referred to in this Division as the opponent) may, within 2 months from the date of publication of the application for registration, file with the Registrar a notice opposing the registration in Form TM 11 (referred to in this Division as a notice of opposition).
(2)  The opponent shall serve on the applicant a copy of the notice of opposition at the same time as the notice is filed with the Registrar.
(3)  A request for an extension of time to file the notice of opposition shall be made by filing with the Registrar Form TM 48 within 2 months from the date of the publication of the application for registration.
(4)  The total extension of time for which the Registrar may allow to file the notice of opposition shall not exceed 4 months from the date of the publication of the application for registration.
(5)  Before making a request for an extension of time, the person seeking the extension shall serve a notice on the applicant and every other person likely to be affected by the extension, which shall contain —
(a)
a statement of the person’s intention to request for the extension, the extension requested for, and the reason for the extension; and
(b)
a request for the consent of the applicant or other person to the extension.
(6)  The request for the extension shall be supported by a copy of the notice referred to in paragraph (5) and the consent in writing, if this is given.
(7)  The Registrar may refuse to grant the extension —
(a)
if the person requesting for it fails to show a good and sufficient reason for the extension; or
(b)
if that person fails to show to the Registrar’s satisfaction that a notice referred to in paragraph (5) has been served on the applicant and every person likely to be affected by the extension.
(8)  Where a person on whom a notice referred to in paragraph (5) is served fails or refuses to give his consent to the extension within 2 weeks from the date of the notice —
(a)
the Registrar may, if he is satisfied that a good and sufficient reason has been shown for the extension, grant the extension; and
(b)
the Registrar may do so without having to conduct a hearing in accordance with rule 67.