S.L. 597.4 Art. 38Notice of opposition.

(1) A notice of opposition may be entered on the basis of one or more earlier marks or other rights within the meaning of article 6 of the Act, provided that the proprietors or authorised persons entering the notice pursuant to article 50 of the Act are entitled to do so for all the earlier marks or rights. Where an earlier mark has more than one proprietor or where an earlier right may be exercised by more than one person, an opposition pursuant to article 50 of the Act may be filed by any or all of the proprietors or authorised persons.

(2) The notice of opposition shall contain:

(a) the file number of the application against which opposition is entered and the name of the applicant for the trademark;

(b) a clear identification of the earlier mark or right on which the opposition is based, namely:

(i) where the opposition is based on an earlier mark within the meaning of article 6(1) and (2)(a), or (b) or (c) of the Act, the file number or registration number of the earlier mark, an indication of whether the earlier mark is registered or an application for registration of that mark;

(ii) where the opposition is based on a well-known mark within the meaning of article 6(2)(d) of the Act, a representation of the mark;

(iii) where the opposition is based on an earlier mark within the meaning of article 6(3)(a) of the Act, the file number or registration number of the earlier mark, an indication of whether the earlier mark is registered or there is an application for registration of that mark;

(iv) where the opposition is based on an earlier designation of origin or geographical indication within the meaning of article 6(3)(c) of the Act an indication of its nature, a representation of the earlier designation of origin or geographical indication, and an indication of whether it is protected under Union legislation or the Laws of Malta.

(v) where the opposition is based on the grounds provided in article 6(4) of the Act a representation of the mark.

(c) a statement outlining the grounds on which the opposition is based under article 6(1), article 6(3)(a), article 6(3)(c) or article 6(4) of the Act in respect of each of the earlier marks or rights invoked by the opposing party;

(d) in the case of an earlier trademark application or registration, the filing date and, where available, the registration date and the priority date of the earlier mark;

(e) in the case of earlier rights pursuant to article 6 (3)(c) of the Act the date of application for registration or, if that date is not available, the date from which protection is granted;

(f) in the case of an earlier trademark application or registration, a representation of the earlier mark as registered or applied for; if the earlier mark is in colour, the representation shall be in colour;

(g) an indication of the goods or services on which each of the grounds of the opposition is based;

(h) as concerns the opposing party, the identification of the opposing party as follows:

(i) the name and address and the State in which the opposing party is domiciled or has a seat or an establishment. Names of natural persons shall be indicated by the person's family name(s) and given name(s). Names of legal entities, as well as bodies including institutions and authorities as governed by public law, shall be indicated by their official designation and include the legal form of the entity, which may be abbreviated in a customary manner. The company's national identification number may also be specified if available. The Office may require the opposing party to provide telephone numbers or other contact details for communication by electronic means;

(ii) where the opposing party has appointed a representative, the name and business address of the representative;

(iii) where the opposition is entered by a licensee or by a person who is entitled under the relevant Union legislation or national law to exercise an earlier right, a statement to that effect and indications concerning the authorisation or the entitlement to file the opposition;

(iv) an indication of the goods or services against which the opposition is directed; in the absence of such an indication, the opposition shall be considered to be directed against all of the goods or services of the opposed trademark application.

(3) Where the opposition is based on more than one earlier mark or earlier right, sub-rule (2) shall apply for each of those marks, signs, designations of origin or geographical indications.

(4) The notice of opposition should also contain a reasoned statement on the grounds, the facts and arguments on which the opposition relies, and supporting evidence.

(5) The notice of opposition shall be accompanied by the prescribed opposition fee. The notice of opposition may be submitted either through soft or hard copy:

Provided that if the related documentation is to be submitted in hard copy, this should be submitted in duplicate.

(6) (a) The notice of opposition and any document submitted by the opposing party, shall be sent by the Office to the applicant for purpose of informing of the introduction of an opposition.

(b) In the case where the opposer desires to file additional documentation, such documentation is to be submitted within the ninety (90) day period referred to in rule