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TRADE MARKS REGULATIONS 1995 - REG 17A.48K Statement of grounds and particulars must be adequate

TRADE MARKS REGULATIONS 1995 - REG 17A.48K

Statement of grounds and particulars must be adequate

  (1)   The Registrar must assess the adequacy of a statement of grounds and particulars filed under regulation   1 7A.48J.

  (2)   If the Registrar decides that the statement is adequate, the Registrar must give a copy of the statement to the applicant.

  (3)   If the Registrar decides that the statement is inadequate, the Registrar may:

  (a)   direct the opponent to rectify the inadequacy by filing more information on the basis for the opposition to the cessation of protection; or

  (b)   dismiss the opposition.

  (4)   If the Registrar decides that the information filed under paragraph   ( 3)(a) rectifies the inadequacy of the statement, the Registrar must give a copy of the statement and the information to the applicant.

  (5)   For sub section   9 9A(1) of the Act, the Registrar may dismiss the opposition if:

  (a)   the Registrar decides that the statement is inadequate; or

  (b)   the Registrar has directed the opponent to file information under paragraph   ( 3)(a) and:

  (i)   the opponent fails to file the information; or

  (ii)   the Registrar decides that the information filed does not rectify the inadequacy of the statement.

  (6)   Regulation   17A.48B does not apply to this regulation.

Note:   For review rights in relation to a decision by the Registrar to dismiss an opposition, see sub section   9 9A(2) of the Act.