Resolving IP Disputes - IPOS

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79 questions inResolving IP Disputes

After the Trade Mark Applicant files his Statutory Declaration (SD), what must the Opponent do?
The Opponent can choose not to reply to the Applicant's SD, if he does not have anything new to say in response to the Applicant's evidence. The opposition will proceed to a Pre-Hearing Review.

However, the Opponent may also choose to file his evidence in reply to the Applicant's SD. If so, this has to be done within the deadline specified by the Registrar. [R 31A] After this, the opposition will proceed to a Pre-Hearing Review.
IPOS 2mo ago
1 found this answer helpful
Can I withdraw my Trade Mark Application at the Counter-Statement stage?
Yes, you can. You may provide a written request or file Form CM9 to withdraw your Trade Mark Application. [R 21A] You can file the form at our e-services portal, IPOS Digital Hub. You would also need to inform the Opponent of the withdrawal.
IPOS 2mo ago
1 found this answer helpful
Do I need a lawyer to represent me in contentious proceedings?
It is not mandatory for you to engage a lawyer and you may certainly represent yourself. However, contentious proceedings tend to be complex and are governed by strict formal pleading and evidential requirements. We therefore strongly recommend that you consider obtaining professional assistance, whether it be that of a suitably qualified agent or lawyer.

If you would like to seek preliminary advice on your rights before you decide on your next course of action, IPOS conducts weekly complimentary IP Legal Clinics for Singapore citizens/Permanent resident and Singapore registered businesses. For more information on IP Legal Clinics, please see https://www.ipos.gov.sg/eservices/ip-clinics.
IPOS 2mo ago
After an Opponent files a Notice of Opposition, what must a Trade Mark Applicant do?
Within 2 months after the date of receipt of the Notice of Opposition, the Trade Mark Applicant must file his Counter-Statement. [R 31(1)]
IPOS 6mo ago
After the Opponent files a SD, what must the Trade Mark Applicant do?
The Trade Mark Applicant must file with the Registrar his evidence in support of his application by way of a Statutory Declaration (SD) within 2 months from the date of receipt of the Opponents SD. [R 33(1)]
IPOS 6mo ago
At which stage of the proceedings will IPOS introduce the mediation option?
Mediation is introduced following the filing of the Counter-Statement.
IPOS 6mo ago
Can I appeal against the decision made by the Registrar?
Yes, you can do so within 28 days from the date of the Grounds of Decision delivered by the Hearing Officer. It must be filed with the General Division of the High Court and served on the Registrar and the other party within 7 days. [Rule 70 of the Supreme Court of Judicature (Intellectual Property) Rules 2022]
IPOS 2mo ago
Can I ask for costs at a Hearing?
Yes, an application for costs may be made at a Hearing.
IPOS 6mo ago
Can I file further evidence after filing my Statutory Declaration (SD)?
Only if the Registrar allows. [R35]
IPOS 6mo ago
Can I withdraw my Trade Mark Application at this stage?
Yes, you can. You may provide a written request or file Form CM9 to withdraw your Trade Mark Application. [R 21A] You would also need to inform the Opponent of the withdrawal.
IPOS 6mo ago