Section 11
Power to require that relative grounds be raised in opposition proceedings
(1)
The Attorney General may by order provide that in any case a trade mark shall not be refused registration on a ground mentioned in section 8 unless objection on that ground is raised in opposition proceedings by the proprietor of the earlier trade mark or other earlier right.
(2)
The order may make such consequential provisions as appear to the Attorney General appropriate —
(a)
with respect to the carrying out by the Registrar of searches of earlier trade marks; and
(b)
as to the persons by whom an application for a declaration of invalidity may be made on the grounds specified in section 48(2).
(3)
An order making such provision as is mentioned in subsection (2)(a) may direct that so much of section 38 as requires a search to be carried out shall cease to have effect.
(4)
An order making such provision as is mentioned in subsection (2)(b) may provide that so much of section 48(3) as provides that any person may make an application for a declaration of invalidity shall have effect subject to the provisions of the order.
(5)
An order under this section may contain such transitional provisions as appear to the Attorney General to be appropriate.
Trade Marks 22
Effects of registered trade mark