Cap. 597 Art. 51Non-useasdefence in opposition proceedings.

(1) In opposition proceedings pursuant to article 50, where at the filing date or date of priority of the later trademark, the five-year period within which the earlier trademark must have been put to genuine use as provided for in article 26 had expired, at the request of the applicant, the proprietor of the earlier trademark who has given notice of opposition shall furnish proof that the earlier trademark has been put to genuine use as provided for in article 26 during the five-year period preceding the filing date or date of priority of the later trademark, or that proper reasons for non-use existed. In the absence of proof to this effect, the opposition shall be rejected.

(2) If the earlier trademark has been used in relation to only part of the goods or services for which it is registered, it shall, for the purpose of the examination of the opposition as provided for in sub-article (1), be deemed to be registered in respect of that part of the goods or services only.

(3) Sub-articles (1) and (2) shall also apply where the earlier trademark is an EU trademark. In such a case, the genuine use of the EU trademark shall be determined in accordance with Article 18 of Regulation (EU) No. 2017/1001.