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)]
How do I file an opposition?
You must file a form, Form TM11 Notice of Opposition together with a Statement of Grounds. [R 29(1)] You can file the form at our e-services portal, IPOS Digital Hub.
How much time does the Trade Mark Applicant have to file a Counter-Statement in an opposition to an international trade mark registration?
The Trade Mark Applicant has 4 months after the date of the Registrar's notification of refusal to the International Bureau to file a Counter-Statement. The Trade Mark Applicant would also have to provide an address for service in Singapore if it has not been provided previously. [R 14(1)(a) & (b) of TM (IR) Rules]How much time would I be given if my request for more time to file the Counter-Statement is granted?
Usually 2 months after the date that the initial 2 months expire. The maximum time allowed is 4 months after the date of receipt of the Notice of Opposition. [R 31(5)]
How much time would I be given if my request for more time to file the Notice of Opposition is granted?
Usually 2 months after the date that the initial 2 months expire. The maximum time allowed is 4 months after the date of publication. [R 29(4)]
How much time would I be given if the extension of time to file Counter-Statement is granted in an opposition to an international trade mark registration?
Usually 2 months after the date that the initial 4 months expire. The maximum time allowed is 6 months after the date of the Registrar's notification of refusal to the International Bureau. [R 14(5) of TM (IR) Rules]
If I am opposing an international trade mark registration, must I serve a copy of the Notice of Opposition on the Trade Mark Applicant?
No, the Registrar will send a notification of refusal to the International Bureau stating that there is an opposition to the international trade mark registration. [R 13(6) of TM (IR) Rules]What happens after the Trade Mark Applicant files a Counter-Statement?
The Opponent must file with the Registrar his evidence in support of his Opposition by way of a Statutory Declaration (SD) within the deadline specified by the Registrar. [R 31A] Once the Opponent has filed his evidence, the Trade Mark Applicant must file with the Registrar his evidence in support of his application by way of a SD within the deadline specified by the Registrar. [R 31A]What happens if I don't file the Counter-Statement or if I miss the extended deadline to file the Counter-Statement?
Your Trade Mark Application will be treated as withdrawn. [R 31(3)]
What if I need more time to file the Counter-Statement?
You may request for an extension of time to file the counter-statement by filing Form HC3 within 2 months after the date of receipt of the Notice of Opposition. [R 31(4)] You need to show a good and sufficient reason for the extension and indicate the name and address of every person likely to be affected by the extension. You can file the form at our e-services portal, IPOS Digital Hub. At the same time, a copy of this form has to be served on the Opponent and each person likely to be affected by an extension of time. [R 31(4), (4A), (6)]
What if I need more time to file the Counter-Statement in an opposition to an international trade mark registration?
You may request for an extension of time to file the Counter-Statement by filing Form HC3 within 4 months after the date of the Registrar's notification of refusal to the International Bureau. [R 14(4) of TM (IR) Rules] You need to show a good and sufficient reason for the extension and indicate the name and address of every person likely to be affected by the extension. You can file the form at our e-services portal, IPOS Digital Hub. At the same time, a copy of this form has to be served on the Opponent and each person likely to be affected by an extension of time. [R 14(4A) of TM (IR) Rules]
What if I need more time to file the Notice of Opposition?
You may request for an extension of time to file the Notice of Opposition by filing another form, Form HC3, within 2 months after the date of publication of the Trade Mark application in the Trade Marks Journal. You need to show a good and sufficient reason for the extension and indicate the name and address of every person likely to be affected by the extension. You can file the form at our e-services portal, IPOS Digital Hub. At the same time, a copy of this form has to be served on the Trade Mark Applicant and each person likely to be affected by an extension of time. [R 29(3), (3A) and (5)]
What is a Statement of Grounds?
A Statement of Grounds is a document which states the grounds you rely on in opposing the Trade Mark application. These grounds are found in the Trade Marks Act.
What should the Counter-Statement contain?
It must set out the grounds on which the Trade Mark Applicant is relying on to support his application and the facts alleged in the Notice of Opposition which he admits, if any. [R 31(1)(a),(b)]Which form should I use to file a Counter-Statement?
Form HC6. [R 31(1)] You can file the form at our e-services portal, IPOS Digital Hub.