S.L. 597.3 Art. 9Opposition proceedings.

(1) Where the opposition is found admissible pursuant to rule 8, the Office shall notify the applicant, that within a period of sixty (60) working days from the date of notification, the applicant may:

(i) withdraw the application; or

(ii) restrict the goods and services covered by the application; or

(iii) submit a counterstatement outlining grounds against the opposition.

(2) Where, within the period referred to in sub-rule (1), the application is withdrawn, the opposition proceedings shall be closed.

(3) Where, within the period referred to in sub-rule (1), the applicant restricts the application by deleting some of the goods or services against which the opposition is directed, the Office shall invite the opposing party to state, within ten (10) working days of the date from said invitation, whether it maintains the opposition, and if so, against which of the remaining goods or services the opposition is being maintained. Where the opposing party withdraws the opposition in light of the restriction, the opposition proceedings shall be closed.

(4) (i) Where a counterstatement is submitted, the Office shall notify the opposing party of the counterstatement and also send a copy of the counterstatement to the opposing party. Within twenty (20) working days of the date of notification of the counterstatement, the opposing party shall inform the Office in writing, whether it is withdrawing or maintaining the opposition.

(ii) In the case where the opposing party informs the Office that the opposition is being maintained, it shall, at the same time, submit the prescribed fee and any additional documentation outlining the grounds on which opposition is being maintained.

(iii) In the case where the opposing party does not inform the Office, within the period stipulated in sub-rule (4) above, whether it is withdrawing or maintaining the opposition, the Office shall consider the opposition as withdrawn and proceed with the registration of the trademark.

(5) The Office shall reject the application if, within the period referred to in sub-rule (1), the applicant does not:

(i) withdraw the application; or

(ii) restrict the goods and services covered by the application; or

(iii) submit a counterstatement outlining grounds against the opposition.

(6) The parties shall be granted, at their joint request, a period of up to ninety (90) working days from the date of the notification by the Office of the opposition to the applicant in order to allow for the possibility of a friendly settlement between the opposing party and the applicant:

Provided that such request shall not be made after the expiry of the period of the sixty (60) working days from the date of notification by the Office, of the opposition to the applicant as referred to in sub-rule (1).

(7) Where, within the period referred to in sub-rule (1), the Office is informed that the application is rejected in parallel proceedings, the opposition proceedings shall be closed.