under rule 57(1) on the ground mentioned in section 22(1)(c) or (d) or 23 of the Act; or
(b)
under rule 57(1A)(b),
and a counter‑statement being filed under rule 58, rules 31A to 40 apply, with the necessary modifications mentioned in paragraph (2)(a) to (d), to further proceedings on the application.
[S 22/2017 wef 31/01/2017]
(1A) Upon an application being made under rule 57(1) on the ground mentioned in section 22(1)(a) or (b) of the Act and a counter‑statement being filed under rule 58 —
(a)
the Registrar must, after hearing the parties on the appropriate timelines, specify the periods within which the following evidence may be filed by the parties:
(i)
statutory declaration setting out the evidence the applicant wishes to adduce in support of the application;
(ii)
statutory declaration setting out the evidence the proprietor wishes to adduce in support of the proprietor’s case that is additional to the evidence already provided in the statutory declaration filed with the counter‑statement;
(iii)
statutory declaration setting out the applicant’s evidence in reply;
(aa)
subject to sub-paragraphs (b) and (c), the Registrar may, in any case after specifying the periods within which the evidence mentioned in sub-paragraph (a) may be filed by the parties, shorten any of those periods;
[S 692/2021 wef 01/10/2021]
(ab)
the Registrar may only exercise the Registrar’s power under sub-paragraph (aa) after giving the parties an opportunity to be heard;
[S 692/2021 wef 01/10/2021]
(b)
each period specified by the Registrar under sub‑paragraph (a), or as shortened by the Registrar under sub-paragraph (aa) (if applicable), must not be shorter than 2 months;
[S 692/2021 wef 01/10/2021]
(c)
the applicant may file with the Registrar the statutory declaration mentioned in sub‑paragraph (a)(i) within the period specified by the Registrar under sub‑paragraph (a), or as shortened by the Registrar under sub-paragraph (aa) (if applicable), for that statutory declaration, or any extension of that period by the Registrar;
[S 692/2021 wef 01/10/2021]
(d)
where the applicant files a statutory declaration under sub‑paragraph (c), the applicant must, at the time the statutory declaration is filed, send to the proprietor a copy of the statutory declaration;
(e)
if the applicant does not file any statutory declaration under sub‑paragraph (c), the Registrar must notify the proprietor of this;
(f)
the proprietor may file with the Registrar the statutory declaration mentioned in sub‑paragraph (a)(ii) within the period specified by the Registrar under sub‑paragraph (a), or as shortened by the Registrar under sub-paragraph (aa) (if applicable), for that statutory declaration, or any extension of that period by the Registrar;
[S 692/2021 wef 01/10/2021]
(g)
where the proprietor files a statutory declaration under sub‑paragraph (f) —
(i)
the proprietor must, at the time the statutory declaration is filed, send to the applicant a copy of the statutory declaration; and
(ii)
the applicant may file with the Registrar the statutory declaration mentioned in sub‑paragraph (a)(iii) within the period specified by the Registrar under sub‑paragraph (a), or as shortened by the Registrar under sub-paragraph (aa) (if applicable), for that statutory declaration, or any extension of that period by the Registrar;
[S 692/2021 wef 01/10/2021]
(h)
the applicant’s statutory declaration mentioned in sub‑paragraph (a)(iii) must be confined to matters strictly in reply to the proprietor’s statutory declaration mentioned in sub‑paragraph (a)(ii); and
(i)
rules 32 to 40 apply, with the necessary modifications mentioned in paragraph (2)(a), (b), (c), (ca), (e) and (f), to any proceedings on the application.
[S 22/2017 wef 31/01/2017]
(2) For the purposes of the application of rules 31A to 40 —
(a)
references in those rules to the applicant shall be treated as references to the proprietor;
(b)
references in those rules to the application shall be treated as references to the proprietor’s registration;
(c)
references in those rules to the opponent shall be treated as references to the applicant for rectification, revocation or a declaration of invalidity of the registration;
[S 22/2017 wef 31/01/2017]
(ca)
references in those rules to the opposition or the notice of opposition are to be treated as references to the application for rectification, revocation or a declaration of invalidity of the registration (as the case may be);
[S 22/2017 wef 31/01/2017]
(d)
the reference in rule 31A(9) to the withdrawal of the application shall be treated as a reference to the admission by the proprietor to the facts alleged by the applicant in his application for rectification, revocation or a declaration of invalidity of the registration;
[S 22/2017 wef 31/01/2017]
(e)
references in those rules to the statutory declaration mentioned in rule 31A(1)(a), (b) or (c) are to be treated as references to the statutory declaration mentioned in paragraph (1A)(a)(i), (ii) or (iii) respectively; and
[S 22/2017 wef 31/01/2017]
(f)
references in those rules to the period specified by the Registrar under rule 31A(1) are to be treated as references to the period specified by the Registrar under paragraph (1A)(a).