Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 17A.48Q

Filing of notice of intention to defend

  (1)   A notice of intention to defend must be filed within one month from the day the applicant is given a copy of the statement of grounds and particulars.

  (2)   The Registrar must give the opponent a copy of the notice.

  (3)   If the applicant does not file the notice of intention to defend within the period mentioned in subregulation   (1) or that period as extended , the Registrar may decide to:

  (a)   take the opposition to have succeeded; and

  (b)   refuse to cease protection of the protected international trade mark.

  (4)   The Registrar must notify the parties of the Registrar's decision.


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