Within 2 months after the date of receipt of the application for revocation or declaration of invalidity from the applicant, if the proprietor wishes to maintain the registration of the trade mark, he must file a counter-statement in Form HC6 that includes the grounds on which he relies as supporting his registration; and the facts alleged in the application which he admits, if any.
The procedure is as follows: If these steps are not complied with, the application for revocation or declaration of invalidity shall be granted. The proprietor may request for an extension of time to file the counter-statement by filing Form HC3. The revocation or invalidation proceedings are suspended from the date that the counter-statement is filed.
For more information about the charges for invalidation, see Paying for Object Invalidation.
We will direct parties to inform us in writing how they intend to proceed. The proprietor may request for an extension of time to file the statutory declaration by filing Form HC3. Optionally, after receipt of the proprietor’s statutory declaration, the applicant may file a statutory declaration setting out the applicant’s evidence in reply to the proprietor’s statutory declaration.
The procedure is as follows: After this stage no further evidence may be filed unless we specifically allow. The applicant may request for an extension of time to file the statutory declaration in reply by filing Form HC3. At any time after the completion of the filing of evidence by the parties, we may direct the parties to attend a pre-hearing review.
The parties may set aside 30, 60 or 90 days for mediation.
This period may be extended upon further request and justification by parties.