Article 5

for paragraph (4) substitute—

“(4)

Subject to paragraphs (4A) and (4B) below, within three months of the date on which notice of refusal based on opposition is given to the International Bureau, the holder may file a counter-statement, in conjunction with notice of the same on Form TM8 and an address for service in the United Kingdom.

(4A)

Subject to paragraph (4B), at any time before the expiry of the period prescribed by paragraph (4) above for filing of Form TM8 by the holder the registrar may, on request, grant an extension of three months to that period where such request is filed on Form TM9c and with the agreement of both the holder and the opposing party (the “cooling off period”); the registrar may, on request, extend the cooling off period for a further three months where such request is filed on Form TM9c and with the agreement of both the holder and the opposing party.

(4B)

Within one month after the expiry of the cooling off period the holder may file a counter-statement, in conjunction with notice of the same on Form TM8 and an address for service in the United Kingdom.”;

after paragraph (5) insert—

“(5A)

The provisions of rule 36 (case management) and rule 37 (pre-hearing review) shall apply in relation to opposition proceedings.”.