Power to require that relative grounds be raised in opposition proceedings

(1) The Minister may by Order provide that in any case a trade mark shall not be refused registration on a ground mentioned in section 37 of this Act (relative grounds for refusal) 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 appears to the Minister appropriate, (a) with respect to the carrying out by the Registrar of searches of earlier trademarks; and (b) as to the persons by whom an application for a declaration of invalidity may be made on the grounds specified in section 37 (2) of this Act (relative grounds). (3) An Order making such provision as is mentioned in subsection (2) (a) may direct that so much of section 16 of this Act (examination of application) as requires a search to be carried out shall cease to have effect. (4) An Order making such provisions as are mentioned in sub-section (2) (b) may provide that so much of section 47 (3) of this Act as provides that any person may make an application for a declaration of invalidity shall have effect subject to the provisions of the Order. 35 (5) An Order under this section may contain such transitional provisions as appear to the Minister to be appropriate.