Registration of a
mark
(3) When sending the copy of notice of
opposition to the applicant under section 29(2)
(d) of the Act, the Registrar General shall send
the duplicates of the evidence in support
provided by the opponent.
(4) A counterstatement filed under section
29(2)(d) of the Act shall be in form M7, and in
addition to stating the grounds on which the
applicant relies for his or her application, shall
be accompanied by any evidence the applicant
may wish to adduce in support of his or her
application.
(5) The counterstatement together with any
evidence shall be filed with the Registrar
General in duplicate.
(6) When sending the copy of the counter
statement to the person giving notice of
opposition under section 29(2) (e), the
Registrar General shall also send the
duplicates of the evidence in support provided
by the applicant.
(7) The evidence referred to in subregulations
(1) and (4) shall take the form of written
affidavits or statutory declarations, with any
exhibits specifically attested to therein, and if
made outside The Gambia authenticated by a
Notary Public.
(8) In determining the applicant’s liability (if
any) for costs under section 29(2)(g) of the
Act, the Registrar General shall consider
whether formal opposition proceedings may
have been avoided if reasonable notice had
been given by the opponent to the applicant
before the notice of opposition was filed.
38. (1) The Registrar General shall register a
mark and issue to the applicant a certificate of
registration in form M8 if, within three months
after publication of the mark under section
29(2)(a) of the Act
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