The Trade Marks (International Registration) Order 1996

Notices of refusal

11.—(1) Except where refusal is based on an opposition, notice of refusal shall not be given after the expiry of 18 months from the date on which the notification of the request for extension was sent to the United Kingdom.

(2) The registrar shall inform the International Bureau that oppositions may be filed after the expiry of the period of 18 months referred to in paragraph (1) above unless, at least four months before the expiry of the said period, he has published the notice referred to in article 10(1).

(3) Notices of refusal shall set out the matters required by Article 5 of the Madrid Protocol and Rule 17 of the Common Regulations.

(4) Where—

(a) notice of refusal has been given pursuant to article 9(3), and

(i) the holder makes representations within the period specified under article 9(4), or

(ii) the holder makes no representations within that period, or informs the registrar that he does not intend to make any representations; or

(b) notice of refusal based on an opposition has been given pursuant to article 10(3) and

(i) the holder files a counter-statement within the period specified in article 10(4), or

(ii) the holder files no counter-statement within that period or informs the registrar that he does not intend to file a counter-statement,

the registrar shall inform the International Bureau of that fact.

(5) Where—

(a) after notice of refusal has been given pursuant to article 9(3), the holder makes representations within the period specified under article 9(4); or

(b) after notice of refusal based on an opposition, the holder files a counter-statement within the period specified in article 10(4),

the registrar shall, upon a final decision being made in relation to the refusal, notify the International Bureau of that decision.

(6) For the purposes of paragraph (5) above, a final decision shall be regarded as being made where—

(a) the registrar, or the appointed person or the court on appeal or further appeal from the registrar, decides whether the refusal shall be upheld, in whole or in relation to some only of the goods or services in relation to which protection in the United Kingdom is requested, and any right of appeal against that decision expires or is exhausted;

(b) the representations or counter-statement are withdrawn; or

(c) the proceedings relating to the refusal are discontinued or abandoned.