(1) The request, under section 17 of the Act, to refuse or to invalidate the registration of a misleading mark shall be made in Form 5 of Schedule 2 and shall be subject to the payment of the prescribed fee and the procedure set out in regulation 16 shall apply with the necessary modifications.
(2) Where the Registrar on his or her own motion decides to refuse or invalidate the registration of a mark under section 17, he or her shall, in writing, so notify the registered proprietor of the mark, stating the reasons for his or her decisions and giving the registered proprietor at least one month to submit a counter-statement and to request a hearing.
(3) If a hearing is requested, the Registrar shall give the registered proprietor at least one month's written notice of the date set for the hearing, and the registered proprietor shall, within that period pay the prescribed fee for the hearing.
(4) The Registrar shall notify the registered proprietor in writing of his or her final decision, stating the reasons therefore.