5.1 Third parties to rectification proceedings

The Commissioner may allow a third party who is not the owner of the trade mark in question to intervene in a proceeding for rectification if the Commissioner is satisfied that the third party has a “sufficient interest”.³⁵

The third party must apply to intervene by filing a signed notice with the Commissioner that contains the following information:³⁶

1. The third party’s name and address for service;
2. If the third party has an agent, the agent’s name;
3. The nature of the application to which the third party’s claim for intervention relates;
4. A description or representation (including the number or numbers) of the trade mark or marks to which the claim for intervention relates; and
5. A statement describing the third party’s interest in the proceeding.

The Commissioner may allow the third party to intervene on the terms and conditions that the Commissioner thinks appropriate.³⁷

Footnotes

³⁵ Regulation 30(1) of the Trade Marks Regulations 2003.

³⁶ Regulation 30 of the Trade Marks Regulations 2003.

³⁷ Regulation 30(4) of the Trade Marks Regulations 2003.