TRADE MARKS ACT 1995 - SECT 224 Extension of time

TRADE MARKS ACT 1995 - SECT 224

  (1)   The Registrar must extend the time for doing a relevant act that is required by this Act to be done within a certain time if the act is not, or cannot be, done within that time because of an error or omission by:

  (a)   the Registrar or a Deputy Registrar; or

  (b)   an employee; or

  (c)   a person providing, or proposing to provide, services for the benefit of the Trade Marks Office.

  (2)   If, because of:

  (a)   an error or omission by the person concerned or by his or her agent; or

  (b)   circumstances beyond the control of the person concerned;

a relevant act that is required by this Act to be done within a certain time is not, or cannot be, done within that time, the Registrar may, on application made by the person concerned in accordance with the regulations, extend the time for doing the act.

  (3)   If:

  (a)   a relevant act that a person is required by this Act to do within a certain time is not, or cannot be, done within that time; and

  (b)   on application made by that person in accordance with the regulations, the Registrar is of the opinion that special circumstances exist that justify an extension of that time;

the Registrar may extend the time for doing the act.

  (3A)   If the Registrar has revoked the registration of a trade mark, he or she may extend the time for doing a relevant act that is required by this Act to be done within a certain time in connection with the application for registration of the trade mark.

  (4)   The time allowed for doing a relevant act may be extended, whether before or after that time has expired.

  (5)   If an application is made under subsection   (2) or (3) for an extension of time for more than 3 months, the Registrar must advertise the application in the Official Journal .

Note:   For month see section   6.

  (6)   A person may, as prescribed, oppose the granting of the application.

  (7)   An application may be made to the Administrative Appeals Tribunal for the review of a decision of the Registrar not to extend the time for the doing of a relevant act.

  (8)   In this section:

"relevant act" means:

  (a)   any act (other than a prescribed act) done in relation to a trade mark; or

  (b)   the filing of any document (other than a prescribed document); or

  (c)   any proceedings (other than court proceedings).