Commonwealth Consolidated Regulations

TRADE MARKS REGULATIONS 1995 - REG 5.15

         (1)   A party to the opposition proceedings may apply to the Registrar:

                (a)    for an extension of the period for serving a copy of the evidence under regulation 5.7, 5.10 or 5.12; or

               (b)    for permission to serve a copy of further evidence on the other party.

         (2)   The Registrar may grant an application on reasonable terms specified by the Registrar.

         (3)   The Registrar must not grant an application unless the Registrar:

                (a)    is reasonably satisfied that the applicant has served a copy of the application, and of any documents accompanying the application, on the other party; and

               (b)    has given the parties a reasonable opportunity to make representations concerning the application; and

                (c)    is reasonably satisfied that:

                          (i)    in the case of an application to which paragraph (1) (a) applies -- the extension of the period for serving a copy of the evidence; and

                         (ii)    in the case of an application to which paragraph (1) (b) applies -- permission to serve a copy of further evidence;

                        is appropriate.

         (4)   For the purposes of paragraph (3) (b), the representations may be made in writing or at a hearing or by such other means as the Registrar reasonably allows.

         (5)   If the Registrar grants an application under paragraph (1) (b) on terms that include service of a copy of the further evidence within a specified period, a party to the opposition proceedings may apply to the Registrar for an extension of that period.

         (6)   Subregulations (2), (3) and (4) apply to an application under subregulation (5).