Victorian Numbered Regulations

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SUPREME COURT (INTELLECTUAL PROPERTY) RULES 2016 (SR NO 107 OF 2016) - REG 5.03

Grounds of invalidity

    (1)     A party who disputes the validity of the registration of a registered trade mark shall, by the pleading in which the party disputes such validity, set out—

        (a)     the grounds of invalidity on which that party relies; and

        (b)     the material facts relied on in support of each ground.

    (2)     Any party served with a pleading as provided by paragraph (1) shall, unless the Judge otherwise orders, file and serve on each other party to the proceeding an answer to the pleading.

    (3)     Except by leave of the Judge, evidence is not admissible in proof of a ground of invalidity in relation to which the requirements of paragraph (1) have not been satisfied.



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