5. Opposition may proceed in the name of another person

Date Published

Section 96A provides that, under certain circumstances, an opposition to registration of an application may proceed in the name of a person other than the person who filed the notice of opposition. This is provided that the right or interest upon which the person who filed the notice relied has passed to the other person, and the Registrar or the court has been notified in writing of this fact. The notification should outline the circumstances under which the opponent’s original right or interest in the opposition became vested in another person. The opposition then proceeds as if the notice of opposition had been filed in the other person’s name, and the official record will be updated accordingly (See also subregs 9.13(2) and 17A.48N(2), which provide for this amendment to be made in the notice of intention to oppose.)