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The Trade Marks (International Registration) Order 1996
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Publication, opposition proceedings and observations
10.—(1) Where following examination pursuant to article 9 it appears to the registrar that the requirements of article 3 are met in relation to all or some of the goods or services comprised in the international registration, the registrar shall publish a notice specifying particulars of the international registration and specifying the goods or services for which protection will be conferred.
(2) Any person may, within three months of the date of publication pursuant to paragraph (1) above, give notice to the registrar of opposition to the conferring of protection.
The notice shall be given in writing in the manner prescribed by rule 13, shall include a statement of the grounds of opposition and shall where opposition is based on an earlier trade mark indicate the goods or services on which the opposition is based.
(3) The registrar shall, upon notice of opposition being given, and in any event within four months of publication pursuant to paragraph (1) above, give notice of refusal to the International Bureau stating the matters relating to the opposition referred to in paragraph (2) above.
(4) Within three months of the date on which notice of refusal based on opposition is given to the International Bureau, the holder may file a counter-statement, in conjunction with notice of the same on Form TM8 and an address for service in the United Kingdom.
(5) Subject to the provisions of this article, rules 13 and 14 shall apply in relation to opposition proceedings, with the substitution of the holder for the applicant.
(6) Where a notice has been published pursuant to paragraph (1) above, any person may, at any time before the trade mark has become protected in accordance with article 12, make observations in writing to the registrar as to whether the trade mark should be protected.
A person who makes observations does not thereby become a party to proceedings in relation to the request for protection.
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