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The Trade Marks Rules 2008

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Application for invalidation: evidence rounds

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42.—(1) Where the proprietor has filed Form TM8, the registrar shall send notice to the applicant inviting the applicant to file evidence in support of the grounds on which the application is made and any submissions and to send a copy to all the other parties.

(2) The registrar shall specify the periods within which evidence and submissions may be filed by the parties.

(3) Where—

(a)the application is based on an earlier trade mark of a kind falling within section 6(1)(c); or

(b)the application or part of it is based on grounds other than those set out in section 5(1) or (2); or

(c)the truth of a matter set out in the statement of use is either denied or not admitted by the proprietor,

the applicant shall file evidence supporting the application.

(4) Where the applicant files no evidence under paragraph (3), the applicant shall be deemed to have withdrawn the application to the extent that it is based on—

(a)the matters in paragraph (3)(a) or (b); or

(b)an earlier trade mark which has been registered and is the subject of the statement of use referred to in paragraph (3)(c).

(5) The registrar may, at any time give leave to either party to file evidence upon such terms as the registrar thinks fit.

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