Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 5.15

Extension of time for filing

  (1)   A party may request the Registrar to extend a period for filing evidence mentioned in regulation   5 .14.

  (2)   The Registrar may extend the period only if the Registrar is satisfied that:

  (a)   the party:

  (i)   has made all reasonable efforts to comply with all relevant filing requirements of this Part; and

  (ii)   despite acting promptly and diligently at all times to ensure the filing of the evidence within the period, is unable to do so; or

  (b)   there are exceptional circumstances that justify the extension.

  (3)   The Registrar:

  (a)   must decide the length of the extended period having regard to what is reasonable in the circumstances; and

  (b)   may do so on terms that the Registrar considers appropriate.

  (4)   In this regulation:

"exceptional circumstances" includes the following:

  (a)   a circumstance beyond the control of a party that prevents the party from complying with a filing requirement under this Part;

  (b)   an error or omission by the Registrar or an employee that prevents a party from complying with a filing requirement under this Part;

  (c)   an order of a court or a direction by the Registrar that the opposition be stayed.


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