Section 20 Trade Marks Act 1967

Section 20 of the Trade Marks Act 1967 is about Opposition to registration. It is under ‘Procedure for and duration of registration’ of the Act. It provides as follows:

(1) Any person may within two months from the date of the publication under section 19 of this Act of notice of an application give notice to the Registrar of opposition to
the registration.

(2) The notice shall be given in writing in the prescribed manner, and shall include a
statement of the grounds of opposition.

(3) The Registrar shall send a copy of every such notice to the applicant; and within
one month after the date on which the copy is received by the applicant the applicant shall send to the Registrar in the prescribed manner a counter-statement of the grounds on which he relies for his application and, if he does not do so, shall be treated as having abandoned his application.

(4) If the applicant sends such a counter-statement as aforesaid, the Registrar shall
furnish a copy thereof to the persons giving notice of opposition, and shall, after hearing the parties, if so required, and considering the evidence, decide whether, and subject to what conditions or limitations, if any, registration is to be permitted.

(5) The Registrar may request a person giving notice of opposition or an applicant
sending a counter-statement after receipt of a copy of such a notice, to give security for costs of the proceedings before him relating to the opposition, and in default of such security being duly given may treat the opposition or application, as the case may be, as abandoned.

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