On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 01/01/2012.
PART XI
EXTENSION OF TIME AND REINSTATEMENT OF APPLICATIONS, RIGHTS AND THINGS
77.
—(1) Any period of time —
(a)
prescribed by these Rules; or
(b)
specified by the Registrar for doing any act or taking any proceedings,
may, at the request of the person or party concerned, be extended by the Registrar by such period and upon such terms as the Registrar considers fit.
(2) Before making a request for an extension of time, the person seeking the extension shall serve a notice on every person or party likely to be affected by the extension, which shall contain —
(a)
a statement of his intention to request for the extension, the extension requested for, and the reason for the extension; and
(b)
a request for the consent in writing of the person or party to the extension.
(3) The request for extension shall be made before the expiry of the period of time in question and shall be supported by a copy of the notice referred to in paragraph (2) and the consent in writing, if this is given.
(4) The Registrar may refuse to grant the extension —
(a)
if the person requesting the extension fails to show a good and sufficient reason for the extension; or
(b)
if he fails to show to the Registrar’s satisfaction that a notice referred to in paragraph (2) has been served on every person or party likely to be affected by the extension.
(5) Where a person or party on whom a notice referred to in paragraph (2) is served fails or refuses to give his consent to the extension within 2 weeks from the date of the notice —
(a)
the Registrar may, if he is satisfied that a good and sufficient reason has been shown for the extension, grant the extension; and
(b)
the Registrar may do so without having to conduct a hearing in accordance with rule 67.
(6) Paragraphs (1) to (5) shall not apply to the following matters:
(a)
the remedying of a deficiency under rule 21;
(aa)
the filing of a notice of opposition to an amendment of an application which has been published under rule 23(2);
(ab)
(b)
the filing of a notice of opposition under rule 29;
(c)
the filing of a counter-statement under rule 31;
(d)
the filing of a notice of opposition to the removal of any matter from the register under rule 46(2);
(e)
the doing of any act referred to in rule 50A(2)(a) or (b);
(f)
the filing of an application for the restoration of a registration under rule 53(1);
(g)
the compliance with a requirement referred to in rule 53(3);
(h)
the compliance with a requirement referred to in rule 55(5);
(i)
the filing of a notice opposing the alteration of a registered trade mark under rule 56(4);
(j)
the filing of a counter-statement to a notice referred to in sub-paragraph (i);
(k)
the filing of a counter-statement to an application for revocation or declaration of invalidity of the registration of a trade mark, or rectification of the register under rule 58;
(l)
the filing of a notice opposing the registration of a collective mark or certification mark under rule 65;
(m)
the filing of a counter-statement to a notice referred to in sub-paragraph (l);
(n)
the filing of a notice of opposition to an amendment to regulations governing the use of a registered collective or certification mark under rule 66A(1);
(o)
the filing of a counter-statement to a notice referred to in sub-paragraph (n);
(oa)
the filing of an application under rule 77B(2) for the reinstatement of an application treated as withdrawn;
(p)
the filing of a notice of opposition in respect of a pending application for registration referred to in rule 87; and
(q)
the filing of a counter-statement to a notice referred to in sub-paragraph (p).
(7) [Deleted by S 491/2000]
77A.
—(1) Where, by reason of an act or omission of any person employed in the Registry, an act or step in relation to an application for the registration of a trade mark or any other proceedings before the Registrar, required to be done or taken within a period of time, has not been so done or taken, the Registrar may, notwithstanding the provisions of these Rules, extend the period for doing the act or taking the step by such period as the Registrar considers fit.
(2) Notwithstanding the provisions of these Rules, the period of time for doing an act or taking a step under paragraph (1) may be extended although the period has expired.
77B.
—(1) Any person whose —
(a)
application is treated as withdrawn; or
(b)
right has been abrogated, or thing has ceased to be in force or to exist, by reason that he has failed to comply with any procedural requirement in any proceedings or other matter before the Registrar within the time limit under the Act or specified by the Registrar for complying with that requirement,
may request for the reinstatement of the application, right or thing, as the case may be, in accordance with paragraphs (2), (3) and (4).
(2) A request for the reinstatement of any application, right or thing referred to in paragraph (1) —
(a)
shall be made on Form TM 40 and filed with the Registrar within 6 months from the date the application was treated as withdrawn, the right was abrogated or the thing ceased to be in force or to exist, as the case may be;
(b)
shall not be made unless, and shall state that —
(i)
the omission which led to the application being treated as withdrawn was unintentional; or
(ii)
the failure to comply with a time limit which led to —
(A)
the right being abrogated; or
(B)
the thing ceasing to be in force or to exist,
was unintentional; and
(c)
where the omission, or the failure to comply with a time limit, relates to the filing of any document or thing, shall be accompanied by that document or thing not filed or not filed on time, as the case may be.
(3) Subject to paragraph (4), where a request is filed under paragraph (2), the Registrar shall allow the reinstatement unless there is a good and sufficient reason to refuse the request.
(4) The Registrar shall not allow the reinstatement unless paragraph (2) is complied with.
(5) Paragraphs (1) to (4) do not allow the reinstatement of —
(a)
(b)
any application which is treated as withdrawn, any right which has been abrogated or any thing which has ceased to be in force or to exist by reason of —
(i)
any acquiescence by a proprietor of an earlier trade mark or other earlier right under section 24 of the Act, or under section 24 of the Act read with rule 19 of the Trade Marks (International Registration) Rules (R 3);
(ii)
a failure to comply with the time limit for —
(A)
any act under section 13 of the Act or Division 6 of Part II of these Rules, or under rule 13 or 14 of the Trade Marks (International Registration) Rules or rules 32 to 40 of these Rules read with rule 15 of the Trade Marks (International Registration) Rules, in any opposition proceedings;
(B)
any act under section 22 of the Act or Part VII of these Rules, or under section 22 of the Act and rules 57 to 60 of these Rules read with rule 18 of the Trade Marks (International Registration) Rules, in any proceedings for the revocation of the registration of a trade mark;
(C)
any act under section 23 of the Act or Part VII of these Rules, or under section 23 of the Act and rules 57 to 60 of these Rules read with rule 18 of the Trade Marks (International Registration) Rules, in any proceedings for a declaration of invalidity of the registration of a trade mark;
(D)
any act under section 67 of the Act or Part VII of these Rules in any proceedings for the rectification of an error or omission in the register, being proceedings commenced by any person other than the proprietor of a registered trade mark in respect of any information in the register relating to that trade mark;
(E)
the filing of a request under paragraph (2); or
(F)
the filing of Form TM 7 under rule 24(6)(a); or
(iii)
a failure to pay the fee for the renewal of registration of a trade mark under rule 49(3) or 53.
78. Where the period within which any party to any proceedings before the Registrar may file evidence under these Rules is to begin upon the expiry of any period in which any other party may file evidence and that other party notifies the Registrar that he does not wish to file any, or any further, evidence, the Registrar may direct that the period within which the first-mentioned party may file evidence shall begin on such date as may be specified in the direction, and the Registrar shall notify all parties to the dispute of that date.