S.L. 597.4 Art. 59Provisional refusal based on an opposition.

(1) Where a notice of opposition is filed with the

Comptroller in respect of an international registration designating

Malta, the Comptroller shall, before the expiry of the refusal period specified in Article 5(2)(b) or in accordance with Article 5(2)(c) of the Protocol, notify that fact to the International Bureau as a provisional refusal based on an opposition, complying with the requirements of the Madrid Protocol and the Regulations under the Protocol.

(2) Subject to rule 58 any provisional refusal of the international registration designating Malta may be notified to the International Bureau, together with a statement of all grounds, after the expiry of eighteen (18) months from the date on which the notification of the extension has been sent to Malta by the International Bureau, provided this is notified within the time limit set out in Article 5(2)(c)(ii) of the Protocol.

(3) The holder of the international registration concerned shall enjoy the same remedies as if the mark had been filed for registration directly with the Comptroller.

(4) The holder may file his counterstatement within a period of sixty (60) days, counted from the date of the notification to the holder sent by the International Bureau.

(5) Where the holder does not file counterstatement within the given time limit, the designation of Malta is deemed abandoned.

(6) After giving both parties opportunities to present their arguments, the Comptroller shall make his decision on the opposition and the possible protection of the international registration in Malta.