Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Subject to subregulations (2) and (4), if the Registrar is reasonably satisfied as to the grounds set out in an application for an extension of time to file a notice of opposition, the Registrar must grant the extension of time.
(2) The Registrar must not grant the extension of time, unless the Registrar:
(a) is reasonably satisfied that the person applying for the extension of time has served a copy of the application, and the accompanying declaration, on the applicant for registration of the trade mark; and
(b) has given to both the person applying for the extension
of time and the applicant for registration of the trade
mark a reasonable
opportunity to make representations concerning the application for extension
of time.
(3) For the purposes of paragraph (2) (b), the representations may be made in writing or at a hearing or by such other means as the Registrar reasonably allows.
(4) If an application for extension of time is made after the period for filing a notice of opposition has ended, the Registrar must not grant the extension unless the Registrar is reasonably satisfied that there is sufficient reason for the application not being made before the end of that period.
(5) An extension of time must be for such period:
(a) in the case of an extension of time that is granted on a ground set out in paragraphs 5.2 (2) (a), (b) and (c) -- as the Registrar believes is reasonable; or
(b) in the case of an extension of time that is granted on
a ground set out in paragraphs 5.2 (2) (d) and (e) --
not exceeding 3
months as the Registrar believes is reasonable.