S.L. 597.4 Art. 39Admissibility of the opposition. 

(1) Where the opposition fee has not been paid within the opposition period laid down in rule 37, the opposition shall be deemed not to have been entered. Where the opposition fee has been paid after the expiry of the opposition period, it shall be refunded to the opposing party.

(2) Where the notice of opposition has been filed after the expiry of the opposition period, the Office shall reject the opposition.

(3) Where the notice of opposition does not comply with the provisions of rule 38(2)(d) to (h), the Office shall inform the opposing party accordingly and shall invite it to remedy the deficiencies noted within a period of thirty (30) days from the date of notification by the Office. If the deficiencies are not remedied before the time limit expires, the Office shall reject the opposition.

(4) The Office shall notify the opposing party of any finding pursuant to sub-rule (1) that the notice of opposition is deemed not to have been entered and of any decision to reject the opposition on the grounds of inadmissibility under sub-rules (2) or (3):

Provided that the Office shall also inform the opposing party where following action taken pursuant to sub-rule (3), the opposition is deemed admissible.