(1) In any proceedings relating to an opposed application, it is for the opponent to rebut—
(a) any allegation made under section 76(4)(a) that, on the day on which the application for the registration of the trade mark was filed, the applicant for registration had no intention in good faith—
(i) to use the trade mark in Saint Lucia,
(ii) to authorise the use of the trade mark in Saint Lucia, or
(iii) to assign the trade mark to a body corporate for use by the body corporate in Saint Lucia,
in relation to the goods or services or both to which the opposed application relates (in this section referred to as “relevant goods or services or both”); or
(b) any allegation made under section 76(4)(a) that the trade mark has not, at any time before the period of one month ending on the day on which the opposed application was filed, been used, or been used in good faith, by its registered owner in relation to the relevant goods or services or both; or
(c) any allegation made under section 76(4)(b) that the trade mark has not, at any time during the period of 3 years ending one month before the day on which the opposed application was filed, been used, or been used in good faith, by its registered owner in relation to the relevant goods or services or both.
(2) For the purposes of subsection (1)(b), the opponent is taken to have rebutted the allegation that the trade mark has not, at any time before the period referred to in that subsection, been used, or been used in good faith, by its registered owner in relation to the relevant goods or services or both if—
(a) the opponent has established that the trade mark or the trade mark with additions or alterations not substantially affecting its identity, was used in good faith by its registered owner in relation to those goods or services before that period; or
(b) in a case where the trade mark has been assigned but a record of the assignment has not been entered in the Register—
(i) the opponent has established that the trade mark, or the trade mark with additions or alterations not substantially affecting its identity, was used in good faith by the assignee in relation to those goods or services before that period and that use was in accordance with the terms of the assignment, and
(ii) the Registrar or the High Court is of the opinion that it is reasonable, having regard to all the circumstances of the case, to treat the use of the trade mark by the assignee before that period as having been a use of the trade mark in relation to those goods or services by the registered owner.
(3) For the purposes of subsection (1)(c), the opponent is taken to have rebutted the allegation that the trade mark has not, at any time during the period referred to in that subsection, been used, or been used in good faith, by its registered owner in relation to the relevant goods or services or both if—
(a) the opponent has established that the trade mark, or the trade mark with additions or alterations not substantially affecting its identity, was used in good faith by its registered owner in relation to those goods or services during that period; or
(i) the opponent has established that the trade mark, or the trade mark with additions or alterations not substantially affecting its identity, was used in good faith by the assignee of the trade mark in relation to those goods or services during that period and that use was in accordance with the terms of the assignment, and
(ii) the Registrar or the High Court is of the opinion that it is reasonable, having regard to all the circumstances of the case, to treat the use of the trade mark by the assignee during that period as having been a use of the trade mark in relation to those goods or services by the registered owner; or
(c) the opponent has established that the trade mark was not used by its registered owner in relation to those goods or services or both during that period because of circumstances, whether affecting traders generally or only the registered owner of the trade mark, that were an obstacle to the use of the trade mark during that period.