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
(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.