Trade-marks Regulations

Version of section 41 from 2006-03-22 to 2007-09-30:

  •  (1) Within one month after the service of the counter statement, the opponent shall

    • (a) submit to the Registrar, by way of affidavit or statutory declaration, or in accordance with section 54 of the Act, the evidence that the opponent is relying on to support the opposition, or a statement that the opponent does not wish to submit evidence; and

    • (b) serve the applicant, where evidence is submitted, with a copy of the evidence or, where the opponent does not wish to submit evidence, with a copy of a statement that the opponent does not wish to submit evidence.

  • (2) Where the opponent does not submit either the evidence under subsection 38(7) of the Act or a statement that the opponent does not wish to submit evidence, within the time set out in subsection (1), the opposition shall be deemed to have been withdrawn for the purposes of subsection 38(7.1) of the Act.

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