If you do not file any evidence in support of your application, the application will be deemed withdrawn. [R 33(3)]

A PHR is a meeting between the parties and the Registrar conducted under Rule 36A of the Trade Marks Rules.  The Registrar will ascertain from the parties whether there is any possibility of settlement or whether they wish to proceed to a full hearing.

If the parties are exploring settlement, the Registrar will give them time to do so and fix a further PHR for the parties to update the Registrar and obtain further directions.

If the parties wish to proceed to a full hearing, the Registrar will raise any relevant issues which need to be resolved before a full hearing.  The Opponent will also have to confirm the grounds of opposition on which it is proceeding, so that both parties have a common understanding on the grounds to address in their submissions.

A CMC is a meeting between the parties and the Registrar, conducted under Rule 81A of the Trade Marks Rules, for the Registrar to make orders or give directions for the just, expeditious and economical disposal of the matter at hand.

From 2009, the Registrar will fix a CMC after the filing of the Counter-Statement to meet the parties and discuss the case.  The Registrar will ascertain whether the parties are exploring the possibility of settlement.  She will then set timelines accordingly for the filing of evidence.

The above type of CMC is different from other CMCs, such as one held when there are multiple requests for extensions of time to file evidence.  In those cases, the Registrar meets the parties to discuss the progress of the case and ascertain whether there is good and sufficient reason to allow the extension and if so, for how long.

The Registrar will issue timelines for both parties at the CMC.  With this, you can better manage your time and balance the need to negotiate and make preparations to file evidence as it becomes due.  You will not need to apply for multiple extensions of time to file evidence after negotiations break down, saving you time and costs.

For parties who inform the Registrar at the CMC that they cannot or do not want to settle, the timelines will be shortened so that they can resolve their dispute at a full hearing earlier.

No, the statutory deadlines imposed by the Trade Marks Rules continue to apply.  If parties need an extension of time to file evidence, they must do so in accordance with the Trade Marks Rules, including, where applicable, filing Form TM 50 and fee (see FAQs on Statutory Declarations above).

The statutory deadlines and the CMC timelines run concurrently.  CMC timelines represent the maximum extension of time that the Registrar is prepared to grant in view of the circumstances at the time of the CMC.  Hence, when considering an extension of time request, the Registrar will refer to the CMC timeline and grant the request if the extension falls within the CMC timeline.

CMCs are held for the benefit of the parties in a contentious matter.  It has often proven helpful for the parties to meet in person to explore the option of settlement. CMCs provide such a platform.  It is also more expedient for parties to be present to raise or respond to issues raised at a CMC either by the Registrar or the opposite side.

However, if parties mutually agree not to attend a CMC, they should write in with their agreed position on how they intend to deal with the dispute.  In this case, the Registrar may exercise her discretion to give timelines and deal with any pleadings issues in writing instead of at a CMC.