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The Trade Marks Rules 2008
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Opposition proceedings: evidence roundsU.K.
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20.—(1) Where—
(a)Form TM53 has been filed by either party;
(b)the opposition or part of it is based on grounds other than those set out in section 5(1) or (2) and the applicant has filed a Form TM8; or
(c)the registrar has indicated to the parties that it is inappropriate for rule 19 to apply,
the registrar shall specify the periods within which evidence and submissions may be filed by the parties.
(2) Where—
(a)the opposition is based on an earlier trade mark of a kind falling within section 6(1)(c); or
(b)the opposition or part of it is based on grounds other than those set out in section 5(1) or (2); or
(c)the truth of a matter set out in the statement of use is either denied or not admitted by the applicant,
the person opposing the registration (“the opposer”) shall file evidence supporting the opposition.
(3) Where the opposer files no evidence under paragraph (2), the opposer shall be deemed to have withdrawn the opposition to the registration to the extent that it is based on—
(a)the matters in paragraph (2)(a) or (b); or
(b)an earlier trade mark which has been registered and which is the subject of the statement of use referred to in paragraph (2)(c).
(4) The registrar may, at any time, give leave to either party to file evidence upon such terms as the registrar thinks fit.
[F1(5) Paragraphs (1)–(3) of this Rule shall not apply to fast track oppositions but paragraph (4) shall apply.]
Textual Amendments
F1Rule 20(5) inserted (1.10.2013) by The Trade Marks (Fast Track Opposition) (Amendment) Rules 2013 (S.I. 2013/2235), rules 1, 2(6)
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