29. Notice of opposition.
(1) The notice shall include a statement of the grounds upon which
the opponent objects to the registration.
(2) If registration is opposed on the ground that the mark resembles
marks already on the register, the numbers of those trademarks and the
numbers of the Gazette in which they have been advertised shall be set out.
(3) The notice shall be accompanied by a duplicate and the registrar
shall immediately send the duplicate to the applicant.
30. Counterstatement.
(1) Within fortytwo days from the receipt of the duplicate, the
applicant shall send a duplicate to the registrar a counterstatement in
Form TM 7 setting out the grounds on which the applicant relies as
supporting the application for registration of a trademark.
(2) The applicant shall also set out what facts, if any, alleged in the
notice of opposition he or she admits.
(3) The counterstatement shall be accompanied by a copy of the
duplicate.
31. Evidence in support of opposition.
Upon receipt of the counterstatement and duplicate the registrar shall
immediately send the duplicate to the opponent and within forty-two
days from the receipt of the duplicate, the opponent shall leave with the
registrar such evidence by way of statutory declaration as the registrar
may desire to adduce in support of the opposition and shall deliver to the
applicant copies of the statutory declaration.
32. Evidence in support of application.
If an opponent leaves no evidence, the opponent shall, unless the
registrar otherwise directs, be taken to have abandoned the opposition;
and if the opponent does leave evidence, then, within forty-two days
from the receipt of the copies of declarations, the applicant shall leave
with the registrar such evidence by way of statutory declaration as the
applicant desires to adduce in support of the application and shall deliver
to the opponent copies of the statutory declaration.
2005