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Top 5 Most Popular FAQs Hearings and Mediation
1.	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).
2.	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.
3.	What is a case management conference ("CMC")? 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. After the Counter-Statement is filed, if parties indicate in the Notification to Registrar that they have not communicated with each other, the Registrar will most likely convene a CMC for parties to communicate with each other. Parties will update the Registrar on the state of play between them. Depending on the circumstances of the case, the Registrar will issue timelines for the filing of evidence by both parties. For example, if there are several issues in dispute, parties are based overseas and are negotiating, the timelines given may be longer than in another case where there are fewer issues in dispute, the parties are based in Singapore and are not negotiating.
4.	What is a Hearing? A Hearing is an attendance before the Registrar for the parties to present their arguments. Each party would have to file with the Registrar written submissions and a bundle of authorities at least one month before the hearing as well as Form HC1 to attend the hearing. [R 37]
5.	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If, as an Applicant, you do not file any evidence in support of your application, the application will be treated as withdrawn.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)]

Last updated on 18 November, 2013

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