Geographical Indications (Wine and Spirits) Registration Regulations 2017

Part 5 Removal of registered geographical indication from register

Subpart 1—Removal proposed by Registrar

39 Opposition to removal proposed by Registrar

(1)

An interested person may, under section 45B of the Act, oppose a proposal by the Registrar on the Registrar’s own initiative to remove a registered geographical indication from the register by filing a counter-statement.

(2)

The counter-statement must—

(a)

be filed within 2 months after the date on which the proposed removal was first publicly notified; and

(b)

contain, or be accompanied by,—

(i)

the registration number of the geographical indication to which the counter-statement relates; and

(ii)

if the opponent is not the registrant, a statement of the basis on which the opponent claims to be an interested person; and

(iii)

the grounds on which the proposed removal of the registered geographical indication from the register is opposed; and

(iv)

the facts relied on in support of the opposition.

(3)

The opponent may, within 4 months after the date on which the opponent files the counter-statement, file evidence in support of the opponent’s case.

(4)

The opponent discontinues the opposition if the opponent notifies the Registrar that the opponent withdraws the opposition.