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.
(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.