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Malaysia Legislation


P.U.(A) 460/97
TRADE MARKS REGULATIONS 1997

PART X - OPPOSITION TO REGISTRATION



Regulation 50. Opposition to a certification trade mark.

(1) Within two months from the date of any advertisement in the Gazette of an application for the registration of a certification trade mark, any person may give notice of opposition to the Registrar by filing Form TM 7, accompanied by the prescribed fee, and regulations 37 to 45, 48 and 49 shall apply to the proceedings thereon.

(2) Where the opposition is lodged under subsection 56(12) of the Act, regulations 46 and 47 shall also apply.

(3) Where the opposition is lodged under subsection 56(13) of the Act, subregulations (4), (5) and (6) shall apply.

(4) Upon completion of the evidence the Registrar shall give notice to the parties of a date by which they may either apply for a hearing or send to him any submissions or arguments in writing. If the parties desire to be heard they shall file with the Registrar Form TM 9 accompanied by the prescribed fee.

(5) The date mentioned in subregulation (4) shall be at least one month after the date of receipt by the parties of the notice given by the Registrar.

(6) As soon as may be after the expiration of the period notified in accordance with subregulations (4) and (5), and after hearing the parties if that option has been exercised, the Registrar shall consider the evidence and any written or oral submissions or arguments, and shall within two months communicate in writing to the parties his decision in the matter and the grounds of his decision.