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Article 15 Procedure for applying for a declaration of invalidity

(1)

An application for a declaration of invalidity under section 11ZB shall—

(a)

be made on Form DF19A; and

(b)

include a statement of the grounds on which the application is made.

(2)

The statement of grounds shall include a concise statement of the facts and grounds on which the applicant relies and shall be verified by a statement of truth.

(3)

The registrar shall send a copy of Form DF19A and the statement of case to the registered proprietor.

(4)

The registrar shall specify a period within which the registered proprietor shall file a counter-statement.

(5)

The registered proprietor, within that period, shall—

(a)

file his counter-statement on Form DF19B; and

(b)

send a copy of it to the applicant,

otherwise the registrar may treat him as not opposing the application.

(6)

In his counter-statement the registered proprietor shall—

(a)

include a concise statement of the facts on which he relies;

(b)

state which of the allegations in the statement of grounds he denies;

(c)

state which of the allegations he is unable to admit or deny, but which he requires the applicant to prove;

(d)

state which allegations he admits,

and it shall be verified by a statement of truth.

(7)

In this Part—

(a)

“statement of case” means the statement of grounds filed by the applicant or the counter-statement filed by the registered proprietor; and

(b)

references to the statement of case include part of the statement of case.