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TRADE MARKS REGULATIONS 1995 - REG 17A.34C Extension of time for filing--application

TRADE MARKS REGULATIONS 1995 - REG 17A.34C

Extension of time for filing--application

  (1)   A person who intends to oppose the extension of protection may request the Registrar to extend:

  (a)   the period for filing a notice of intention to oppose under sub regulation   1 7A.33(1); or

  (b)   the period for filing a statement of grounds and particulars under sub regulation   1 7A.34A(1).

  (2)   A request under paragraph   ( 1)(a) or (b) may be made:

  (a)   within the period for filing the document in question; or

  (b)   before the extension of protection of the IRDA is entered on the Record of International Registrations under paragraph   17A.37(1)(b).

Note:   See sub paragraph   ( 3)(b)(ii) and sub regulation   1 7A.34D(2) in relation to the consequences of making the request after the filing period has ended.

  (3)   The request must:

  (a)   be in an app roved form; and

  (b)   be accompanied by a declaration stating:

  (i)   the facts and circumstances forming the basis for the grounds; and

  (ii)   if the period for filing the notice or the statement of grounds and particulars has ended--the reason why the request was not made within the period.

Note:   Regulations   2 1.6 and 21.7 deal with making and filing declarations.

  (4)   The request must be made only on either or both of the following grounds:

  (a)   an error or omission by the person, the person's agent, the Registrar or an employee;

  (b)   circumstances beyond the control of the person, other than an error or omission by the person, the person's agent, the Registrar or an employee.

  (5)   Sub section   5 2(5) of the Act applies to the request.

  (6)   Regulation   17A.31 does not apply to this regulation.