Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p42
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 106014–108705

notice of opposition under section 96 of the Act.
opponent means a person who files:
 (a) a notice of intention to oppose; and
 (b) a statement of grounds and particulars.
party means an applicant or opponent.
statement of grounds and particulars means a statement by an opponent that sets out:
 (a) the grounds for removal that the opponent intends to rebut; and
 (b) the facts and circumstances that form the basis for the opposition to the removal.
Note: The following terms are defined in section 6 of the Act:
(a) applicant;
(b) approved form;
(c) employee;
(d) file;
(e) month;
(f) person.

9.4  Notification and opportunity to make representations
 (1) This regulation applies if:
 (a) a party makes a request to the Registrar under this Part; or
 (b) the Registrar proposes to make a decision on the Registrar's own initiative under this Part.
 (2) The Registrar must:
 (a) for paragraph (1)(a)—notify the other party of the request, including by giving the other party a copy of the request; or
 (b) for paragraph (1)(b)—notify the parties of the proposed decision.
 (3) If the Registrar proposes to grant the request, the Registrar must give the parties an opportunity to make representations:
 (a) in writing; or
 (b) at a hearing; or
 (c) by other means that the Registrar states in the notification.
 (4) The Registrar must notify the parties of the Registrar's decision.

Division 2—Application for removal

9.5  Application for removal
  For paragraph 92(2)(a) of the Act, an application for removal must be in an approved form.

9.6  Notification of application
 (1) For subsection 95(1) of the Act, the Registrar must, within one month from the filing of the application, give a copy of the application to each person who, in the Registrar's opinion, should receive one.
 (2) For the purposes of subsections 95(2) and (3) of the Act, the application must be published in a computer database maintained by the Trade Marks Office.

Division 3—Filing of opposition documents

Subdivision A—Notice of opposition

9.7  Components of notice of opposition
 (1) The components of a notice of opposition are:
 (a) a notice of intention to oppose; and
 (b) a statement of grounds and particulars.
 (2) A notice of opposition is taken to be filed when both of its components have been filed.

9.8  Filing of notice of intention to oppose
 (1) For subsection 96(2) of the Act, the period for filing a notice of intention to oppose is 2 months from the day the application for removal is published in a computer database maintained by the Trade Marks Office.
 (2) The notice must be in an approved form.
 (3) The Registrar must give a copy of the notice to the applicant.

9.9  Filing of