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678.   Opposition to registration

Revised Laws of Saint Lucia (2022)

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678.   Opposition to registration

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    (1)   Any person may, within the prescribed time from the date of the advertisement of an application for the registration of a trade mark, give notice to the Registrar of opposition to such registration.

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

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    (3)   The Registrar shall send a copy of such notice to the applicant, and within the prescribed time after the receipt of such notice, the applicant shall send to the Registrar, in the prescribed manner, a counter-statement of the grounds on which he or she relies for his or her application, and, if he or she does not do so, he or she shall be deemed to have abandoned his or her application.

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    (4)   If the applicant sends such counter-statement, the Registrar shall furnish a copy 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, registration is to be permitted.

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    (5)   The decision of the Registrar shall be subject to appeal to the Court or, with the consent of the parties, to the Crown Attorney.

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    (6)   An appeal under this article shall be made in the prescribed manner, and on such appeal the Crown Attorney or the Court, as the case may be, shall, if required hear the parties and the Registrar, and shall make an order determining whether, and subject to what conditions, if any, registration is to be permitted.

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    (7)   On the hearing of any such appeal any party may either in the manner prescribed or by special leave of the tribunal bring forward further material for the consideration of the tribunal.

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    (8)   In proceedings under this article no further grounds of objection to the registration of a trade mark shall be allowed to be taken by the opponent or the Registrar other than those stated by the opponent as hereinabove provided except by leave of the tribunal hearing the appeal. Where any further grounds of objection are taken the applicant shall be entitled to withdraw his or her application without payment of the costs of the opponent on giving notice as prescribed.

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    (9)   In any appeal under this article, the tribunal may, after hearing the Registrar, permit the trade mark proposed to be registered to be modified in any manner not substantially affecting the identity of such trade mark, but in such case the trade mark as so modified shall be advertised in the prescribed manner before being registered.

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    (10)   The Registrar, or, in the case of an appeal to the Crown Attorney, the Crown Attorney shall have power in proceedings under this article to award to any party such costs as they may consider reasonable, and to direct how and by what parties they are to be paid.

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    (11)   If a party giving notice of opposition or of appeal neither resides nor carries on business in Saint Lucia, the tribunal may require such party to give security for costs of the proceedings before it relative to such opposition or appeal, and in default of such security being duly given may treat the opposition or appeal as abandoned.

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