—(1) Any person whose —
application is treated as withdrawn; or
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,
(2) A request for the reinstatement of any application, right or thing referred to in paragraph (1) —
shall be made on Form TM 40 and filed with the Registrar within 6 months from the date the application was treated as withdrawn, the right was abrogated or the thing ceased to be in force or to exist, as the case may be;
shall not be made unless, and shall state that —
the omission which led to the application being treated as withdrawn was unintentional; or
the failure to comply with a time limit which led to —
the right being abrogated; or
the thing ceasing to be in force or to exist,
was unintentional; and
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 —
any application which is treated as withdrawn, any right which has been abrogated or any thing which has ceased to be in force or to exist by reason of —
a failure to comply with the time limit for —
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;
the filing of a request under paragraph (2); or
the filing of Form TM 7 under rule 24(6)(a); or