S.L. 597.4 Art. 90Office procedures. 

(1) Where the notice for revocation or the notice for declaration of invalidity is found admissible pursuant to rule 89, the notice for revocation or the notice for declaration of invalidity, as the case may be and any document related thereto, shall be sent by the Office to the trademark owner for the purpose of notifying him of the introduction of a revocation or invalidity procedure.

(2) The Office shall notify the owner of the trademark against which the notice for revocation or notice for declaration of invalidity is being entered that within a period of ninety (90) days from the date of the notification sent by the Office, pursuant to sub-rule (1), the owner of the trademark may:

(a) surrender the trademark; or

(b) restrict the goods or services covered by the trademark; or

(c) submit a statement against the notice of revocation or notice for declaration of invalidity and any supporting evidence and reasoned statement on the grounds, the facts and arguments with respect thereto.

(3) Where, within the period referred to in sub-rule (2) the registration is surrendered in accordance with rule 22, the proceedings shall be closed.

(4) Where, within the period referred to in sub-rule (2), the trademark owner surrenders some of the goods or services, the Office shall notify the applicant who filed the notice for revocation or the notice for declaration of invalidity and invite him to state, within twenty (20) days from the date of such notification, whether he is sustaining his notice for revocation or his notice for declaration of invalidity, and if that is the case, against which of the remaining goods or services the notice for revocation or the notice for declaration of invalidity is being sustained:

Provided that when the applicant informs the Office that he shall be sustaining his notice for revocation or his notice for declaration of invalidity he shall concurrently pay the prescribed fee:

Provided further that where the said applicant withdraws the notice for revocation or the notice for declaration of invalidity in light of the partial surrender, the proceedings shall be closed.

(5) When the applicant informs the Office that the notice for revocation or the notice for declaration of invalidity is being sustained as stipulated in sub-rule (4), the Office shall notify the trademark owner that the notice for revocation or the notice for declaration of invalidity is being sustained against the remaining goods and services. Within a period of thirty (30) days from the date of notification sent by the Office, the trademark owner may:

(a) surrender the trademark as prescribed in rule 22; or

(b) submit a statement against the notice for revocation or the notice for declaration of invalidity and any supporting evidence and reasoned statement on the grounds, the facts and arguments with respect thereto:

Provided that when the proprietor surrenders the trademark, the proceedings shall be closed.

(6) (a) When a statement is submitted by the proprietor of the trademark pursuant to sub-rules (2)(c) or (5), the Office shall notify the applicant of this statement and also send a copy of the statement to the applicant. Within ninety (90) days from the date of the notification of the statement sent by the Office to the applicant, the applicant shall inform the Office in writing whether he is withdrawing or maintaining the notice for revocation or the notice for declaration of invalidity;

(b) in the case where the applicant informs the Office that the notice for revocation or the notice for declaration of invalidity is being maintained, he shall concurrently pay the prescribed fee and submit any additional supporting evidence and reasoned statement on the grounds, the facts and arguments on which the notice for revocation or the notice for declaration of invalidity is being maintained.

(c) in the case where the applicant does not inform the Office within the period stipulated in paragraph (a) whether it is withdrawing or maintaining the notice for revocation or the notice for declaration of invalidity, the Office shall consider the notice for revocation or the notice for declaration of invalidity as withdrawn and proceedings shall be closed.

(7) The Office shall proceed to take a decision based on the evidence provided by both the applicant and the trademark owner against whom the notice for revocation or the notice for declaration of invalidity is directed.

(8) When the owner of the trademark against which the notice for revocation or the notice of declaration for invalidity is directed does not submit a statement within the stipulated time period, the Office shall close the proceedings and base its ruling of the revocation or declaration for invalidity on the evidence before it.

SCHEDULE OF FEES

Euro (€) Schedule of Fees