18.—(1) The applicant shall, within the relevant period, file a Form TM8, which shall include a counter-statement.
(2) Where the applicant fails to file a Form TM8 or counter-statement within the relevant period, the application for registration, insofar as it relates to the goods and services in respect of which the opposition is directed, shall, unless the registrar otherwise directs, be treated as abandoned.
(3) Unless either paragraph (4), (5) or (6) applies, the relevant period [F1is the period of two months beginning immediately after the notification date].
(4) This paragraph applies where—
(a)the applicant and the person opposing the registration agree to an extension of time for the filing of Form TM8;
(b)within the period of two months [F2beginning immediately after] the notification date, either party files Form TM9c requesting an extension of time for the filing of Form TM8; and
(c)during the period beginning on the date Form TM9c was filed and ending nine months after the notification date, no notice to continue on Form TM9t is filed by the person opposing the registration and no request for a further extension of time for the filing of Form TM8 is filed on Form TM9e,
and where this paragraph applies the relevant period [F3is the period of nine months beginning immediately after the notification date].
(5) This paragraph applies where—
(a)a request for an extension of time for the filing of Form TM8 has been filed on Form TM9c in accordance with paragraph (4)(b);
(b)during the period referred to in paragraph (4)(c), either party files Form TM9e requesting a further extension of time for the filing of Form TM8 which request includes a statement confirming that the parties are seeking to negotiate a settlement of the opposition proceedings; and
(c)the other party agrees to the further extension of time for the filing of Form TM8,
and where this paragraph applies the relevant period [F4is the period of eighteen months beginning immediately after the notification date].
(6) This paragraph applies where—
(a)a request for an extension of time for the filing of Form TM8 has been filed on Form TM9c in accordance with paragraph (4)(b); and
(b)the person opposing the registration has filed a notice to continue on Form TM9t,
and where this paragraph applies the relevant period shall begin on the notification date and end one month after the date on which Form TM9t was filed or two months [F5beginning immediately] after the notification date, whichever is the later.
(7) The registrar shall send a copy of Form TM8 to the person opposing the registration.
Textual Amendments
F1Words in rule 18(3) substituted (31.3.2013) by The Trade Marks and Registered Designs (Amendment) Rules 2013 (S.I. 2013/444), rules 1, 3(2) (with rule 8)
F2Words in rule 18(4)(b) substituted (31.3.2013) by The Trade Marks and Registered Designs (Amendment) Rules 2013 (S.I. 2013/444), rules 1, 3(3) (with rule 8)
F3Words in rule 18(4) substituted (31.3.2013) by The Trade Marks and Registered Designs (Amendment) Rules 2013 (S.I. 2013/444), rules 1, 3(4) (with rule 8)
F4Words in rule 18(5) substituted (31.3.2013) by The Trade Marks and Registered Designs (Amendment) Rules 2013 (S.I. 2013/444), rules 1, 3(5) (with rule 8)
F5Words in rule 18(6) inserted (31.3.2013) by The Trade Marks and Registered Designs (Amendment) Rules 2013 (S.I. 2013/444), rules 1, 3(6) (with rule 8)
Commencement Information