Geographical Indications (Wine and Spirits) Registration Regulations 2017

Opposition to application

42 Opposition to application

(1)

An interested person may, under section 45B of the Act, oppose an application to remove a registered geographical indication by filing—

(a)

a counter-statement; and

(b)

if the application for removal is on grounds of disuse, evidence of the recent use of the geographical indication.

(2)

The counter-statement must—

(a)

be filed, together with the evidence referred to in subclause (1)(b) (if any), within 2 months after the date on which the proposed removal was first publicly notified; and

(b)

be signed by the opponent; and

(c)

contain,—

(i)

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

(ii)

a response to the applicant’s grounds for removal, by admitting, denying, or claiming lack of knowledge of each assertion made in the application; and

(iii)

a brief statement of the facts on which the opponent relies in support of continued registration.

(3)

The Registrar must, as soon as practicable, send a copy of the counter-statement and any evidence to the applicant.

(4)

The Registrar must determine the application on the documents filed by the applicant if the opponent does not comply with subclauses (1) and (2).

Compare: SR 2003/187 rr 101, 102