Article 31 Procedure on application for revocation, declaration of invalidity and rectification of the register; ss. 46, 47 & 64 (Forms TM26 & TM27)

An application to the registrar for revocation under section 46 or declaration of invalidity under section 47 of the registration of a trade mark or for the rectification of an error or omission in the register under section 64 shall be made on Form TM26 together with a statement of the grounds on which the application is made.

Where any application is made under paragraph (1) by a person other than the proprietor of the registered trade mark, the registrar shall send a copy of the application and the statement to the proprietor.

Within three months of the date on which the registrar sends a copy of the application and the statement to the proprietor, the proprietor may file a counter-statement together with Form TM8 and the registrar shall send a copy thereof to the applicant:

Provided that where an application for revocation is based on the ground of non-use under section 46(1)(a) or (b), the proprietor shall file (within the period allowed for the filing of any counter-statement) evidence of the use by him of the mark; and if he fails so to file evidence the registrar may treat his opposition to the application as having been withdrawn.

Subject to paragraph (2) above and paragraphs (6) and (7) below, the provisions of rule 13 shall apply to proceedings relating to the application as they apply to opposition proceedings for the registration of a trade mark, save that, in the case of an application for revocation on the grounds of non-use under section 46(1)(a) or (b), the application shall be granted where no counter-statement is filed.

Any person, other than the registered proprietor, claiming to have an interest in proceedings on an application under this rule may file an application to the registrar on From TM27 for leave to intervene, stating the nature of his interest and the registrar may, after hearing the parties concerned if so required, refuse such leave or grant leave upon such terms or conditions (including any undertaking as to costs) as he thinks fit.

Any person granted leave to intervene (the intervener) shall, subject to the terms and conditions imposed in respect of the intervention, be treated as a party for the purposes of the application of the provisions of rule 13 to the proceedings on an application under this rule.

When the registrar has made a decision on the application following any opposition, intervention or proceedings held in accordance with this rule, he shall send the applicant, the person opposing the application and the intervener (if any) written notice of it, stating the reasons for his decision; and for the purposes of any appeal against the registrar’s decision the date when the notice of the decision is sent shall be taken to be the date of the decision.