Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p28
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 71184–73865

states in the notification.
 (4) The Registrar must notify the parties of the decision.

Division 2—Filing of opposition documents

Subdivision A—Notice of opposition

5.5  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.

5.6  Filing of notice of intention to oppose
 (1) For subsection 52(2) of the Act, the period for filing a notice of intention to oppose is 2 months from the day the acceptance of the trade mark application is published in a computer database maintained by the Trade Marks Office in accordance with regulation 4.11A.
 (2) The notice must be in an approved form.
 (3) The Registrar must give a copy of the notice to the applicant.

5.7  Filing of statement of grounds and particulars
 (1) A statement of grounds and particulars must be filed within one month from the day the notice of intention to oppose is filed.
 (2) The statement must be in an approved form.

5.8  Statement of grounds and particulars must be adequate
 (1) The Registrar must assess the adequacy of a statement of grounds and particulars.
 (2) If the Registrar decides that the statement is adequate, the Registrar must give a copy of the statement to the applicant.
 (3) If the Registrar decides that the statement is inadequate:
 (a) the Registrar may direct the opponent to rectify the inadequacy by filing more information on the basis for one or more of the grounds; or
 (b) if all the grounds are inadequately particularised, the Registrar may dismiss the opposition; or
 (c) if only some of the grounds are inadequately particularised, the Registrar may:
 (i) delete from the statement some or all of the material that is inadequate; and
 (ii) treat the result as the statement for the purposes of these Regulations; and
 (iii) give a copy of the amended statement to the opponent.
 (4) If the Registrar decides that the statement is still inadequate after the information is filed under paragraph (3)(a):
 (a) the Registrar may dismiss the opposition; or
 (b) the Registrar may:
 (i) delete from the statement some or all of the material that is inadequate; and
 (ii) treat the result as the statement for the purposes of these Regulations; and
 (iii) give a copy of the amended statement to the opponent.
 (5) If the Registrar decides that the information filed under paragraph (3)(a) rectifies the inadequacy of the statement, the Registrar must give a copy of the statement and the information filed in relation to paragraph (3)(a) to the applicant.
 (6) The