Commonwealth Consolidated Regulations

TRADE MARKS REGULATIONS 1995 - REG 9.11

  (1)   A person who intends to oppose an application for removal may request the Registrar to extend:

  (a)   the period for filing a notice of intention to oppose under subregulation   9.8(1); or

  (b)   the period for filing a statement of grounds and particulars under subregulation   9.9(1).

  (2)   A request under paragraph   (1)(a) or (b) may be made within the period for filing the document in question.

Note:   See subparagraph   (3)(b)(ii) and subregulation   9.12(2) in relation to the consequences of making the request after the filing period has ended.

  (3)   The request must:

  (a)   be in an approved 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 of intention to oppose or the statement of grounds and particulars has ended--the reason why the request was not made within the period.

Note:   Regulations   21.6 and 21.7 deal with making and filing declarations.

  (4)   The request may 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.