Trade-marks Regulations

42 (1) Within four months after service of the opponent’s evidence or statement referred to in paragraph 41(1)(a), the applicant 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 applicant is relying on to support the application, or a statement that the applicant does not wish to submit evidence; and

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

(2) Where the applicant does not submit either the evidence under subsection 38(7) of the Act or a statement that the applicant does not wish to submit evidence, within the time set out in subsection (1), the application shall be deemed to have been abandoned for the purposes of subsection 38(7.2) of the Act.