87. Trade Marks Act 1976.
ORDER 87
TRADE MARKS ACT 1976
1. Interpretation. (O. 87 r. 1)
In this Order:
"Act" means the Trade Marks Act 1976 (Act 175).
"Registrar" means the Registrar of Trade Marks appointed under section 3 of the Act.
2. Application by notice of motion. (O. 87 r. 2)
Applications to the Court under the Act may be made by notice of motion.
3. Appeals by notice of motion. (O. 87 r. 3)
Appeals to the Court under the Act shall be given by notice of motion within one calendar month from the date of decision appealed against.
4. Service of Application on Registrars. (O. 87 r. 4)
All applications to the Court under the Act whether by way of appeal or otherwise shall be served on the Registrar.
5. Time for application. (O. 87 r. 5)
Whether the Registrar decides to refer an application or appeal to the Court, the applicant or appellant shall apply to the Court within one calendar month from the date of the decision so to refer, and unless he so applies he shall be deemed to have abandoned the application or appeal.
6. Notice of intention to withdraw application. (O. 87 r. 6)
Where under section 19(5) or section 27(8) of the Act an applicant becomes entitled and intends to withdraw his application, he shall give notice of the intention in writing to the Registrar and to the other parties, if any, to the appeal within one month after the leave referred in those subsections has been obtained.
7. Counterclaim for rectification of registrar. (O. 87 r. 7)
A defendant in an action for infringement may, in regard to any registered trade mark in issue, counterclaim for the rectification of the register and shall within the time limited for the delivery of the counterclaim serve the Registrar with the same, and the Registrar shall be entitled to take such part in the action as he may think fit without delivering a defence or other pleading.
8. Extension of time. (O. 87 r. 8)
The times specified in rules 3 and 5 of this Order may be extended by the Court or Registrar upon the application of any party interested and notwithstanding that the time so specified has expired.
9. Proceeding for infringement of registered trade mark: Validity of registration disputed. (O. 87 r. 9)
(1) Where in any proceedings a claim is made for relief for infringement of the right to the use of a registered trade mark, the party against whom the claim is made may in his defence put in issue the validity of the registration of that trade mark or may counterclaim for an order that the register of trade marks be rectified by cancelling or varying the relevant entry or may do both those things.
(2) A party to any such proceedings who in his pleading (whether a defence or counterclaim) disputes the validity of the registration of a registered trade mark must serve with the pleading particulars of the objections to the validity of the registration on which he relies in support of the allegation of invalidity.
(3) A party to any such proceedings who counterclaims for an order that the register of trade marks be rectified must serve on the Registrar of Trade Marks a copy of the counterclaim together with a copy of the particulars mentioned in paragraph (2); and the Registrar of Trade Marks shall be entitled to take such part in the proceedings as he may think fit but need not serve a defence or other pleading unless ordered to do so by the Court.
ORDER 87
TRADE MARKS ACT 1976
1. Interpretation. (O. 87 r. 1)
In this Order:
"Act" means the Trade Marks Act 1976 (Act 175).
"Registrar" means the Registrar of Trade Marks appointed under section 3 of the Act.
2. Application by notice of motion. (O. 87 r. 2)
Applications to the Court under the Act may be made by notice of motion.
3. Appeals by notice of motion. (O. 87 r. 3)
Appeals to the Court under the Act shall be given by notice of motion within one calendar month from the date of decision appealed against.
4. Service of Application on Registrars. (O. 87 r. 4)
All applications to the Court under the Act whether by way of appeal or otherwise shall be served on the Registrar.
5. Time for application. (O. 87 r. 5)
Whether the Registrar decides to refer an application or appeal to the Court, the applicant or appellant shall apply to the Court within one calendar month from the date of the decision so to refer, and unless he so applies he shall be deemed to have abandoned the application or appeal.
6. Notice of intention to withdraw application. (O. 87 r. 6)
Where under section 19(5) or section 27(8) of the Act an applicant becomes entitled and intends to withdraw his application, he shall give notice of the intention in writing to the Registrar and to the other parties, if any, to the appeal within one month after the leave referred in those subsections has been obtained.
7. Counterclaim for rectification of registrar. (O. 87 r. 7)
A defendant in an action for infringement may, in regard to any registered trade mark in issue, counterclaim for the rectification of the register and shall within the time limited for the delivery of the counterclaim serve the Registrar with the same, and the Registrar shall be entitled to take such part in the action as he may think fit without delivering a defence or other pleading.
8. Extension of time. (O. 87 r. 8)
The times specified in rules 3 and 5 of this Order may be extended by the Court or Registrar upon the application of any party interested and notwithstanding that the time so specified has expired.
9. Proceeding for infringement of registered trade mark: Validity of registration disputed. (O. 87 r. 9)
(1) Where in any proceedings a claim is made for relief for infringement of the right to the use of a registered trade mark, the party against whom the claim is made may in his defence put in issue the validity of the registration of that trade mark or may counterclaim for an order that the register of trade marks be rectified by cancelling or varying the relevant entry or may do both those things.
(2) A party to any such proceedings who in his pleading (whether a defence or counterclaim) disputes the validity of the registration of a registered trade mark must serve with the pleading particulars of the objections to the validity of the registration on which he relies in support of the allegation of invalidity.
(3) A party to any such proceedings who counterclaims for an order that the register of trade marks be rectified must serve on the Registrar of Trade Marks a copy of the counterclaim together with a copy of the particulars mentioned in paragraph (2); and the Registrar of Trade Marks shall be entitled to take such part in the proceedings as he may think fit but need not serve a defence or other pleading unless ordered to do so by the Court.
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