IPOS - FAQs >> Hearings and Mediation - Statutory Declarations (SD) in Support of Opposition or the Trade Mark Application

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Hearings and Mediation

Statutory Declarations (SD) in Support of Opposition or the Trade Mark Application

1.	If the person making the SD is based overseas, before whom must the SD executed? The SD can be executed overseas before a number of office holders. [R 70] Most of such SDs filed with us are notarised before a Notary Public.
2.	What happens after the Trade Mark Applicant files a Counter-Statement? The Opponent must file with the Registrar his evidence in support of his Opposition by way of a Statutory Declaration (SD) within the deadline specified by the Registrar. [R 31A] Once the Opponent has filed his evidence, the Trade Mark Applicant must file with the Registrar his evidence in support of his application by way of an SD within the deadline specified by the Registrar. [R 31A] *For cases where the Counter-Statement is filed on or after 31 January 2017
3.	What happens if I don’t file an SD? If, as an Opponent, you do not file any evidence in support of your opposition, the application will proceed to registration and the Certificate of Registration will be issued to the Applicant. [R 33A(8)] If, as an Applicant, you do not file any evidence in support of your application, the application will be treated as withdrawn. [R 33A(9)]
4.	Is there any form which I must file together with the SD? Use the “Evidence by Initiator” Form if you are the Opponent; and the “Evidence by Respondent” Form if you are the Applicant. Both forms are free of charge. [HMD Circular No. 4/2015 dated 30 June 2015] You can file the form at our e-services portal, IP2SG.
5.	What must an SD contain? An SD must contain evidence that supports the facts claimed and allegations made in the Notice of Opposition (for the Opponent filing the SD) and in the Counter-Statement (for the Applicant filing the SD).
6.	What if I need more time to file my SD? As an Opponent, you may request for an extension of time to file the SD by filing Form HC3 before the expiry of the deadline stipulated by the Registrar. You need to indicate the period of extension requested and show a good and sufficient reason for the extension. At the same time, a copy of this form has to be served on the Applicant. [R 32]* As an Applicant, you may request for an extension of time to file the SD by filing Form HC3 before the expiry of the deadline stipulated by the Registrar. You need to indicate the period of extension requested and show a good and sufficient reason for the extension. At the same time, a copy of this form has to be served on the Opponent. [R 33]* *For cases where the Counter-Statement is filed on or after 31 January 2017
7.	Must I serve a copy of the SD on the other party? Yes, the Opponent must send a copy of the SD to the Applicant at the same time as filing the SD with the IPOS. [R 33A(6)] The Applicant must similarly send a copy of the SD to the Opponent at the same time as filing the SD with the IPOS. [R 31A(7)]

Last updated on 18 November, 2013

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