Commonwealth Consolidated Regulations

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Copy of earlier Convention application to be available to opponent

  (1)   In opposition proceedings relating to an application in respect of which the applicant claims a right of priority, an opponent may request the Registrar for a copy of an earlier application to be made available.

  (2)   On receiving the request, the Registrar must require the applicant to file:

  (a)   a copy of the earlier application certified in the trade marks office (or its equivalent) of the Convention country in which it was filed; and

  (b)   if the earlier application is not in English:

  (i)   a translation of the earlier application into English; and

  (ii)   a certificate of verification relating to the translation.

  (3)   Subregulation (2) does not apply if the applicant has already filed the relevant documents.

  (4)   The Registrar must give a copy of the documents to the opponent.

  (5)   If the applicant is the successor in title to the person who made the earlier application, the Registrar may require the applicant to provide documentary evidence that is sufficient to establish the passing of title to the applicant.

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