SAINT LUCIA ————
No. 17 of 2003
ARRANGEMENT OF REGULATIONS
PART I
PRELIMINARY
Regulation
- Citation
- Commencement
- Interpretation
PART2 TRADE MARKS AND TRADE MARK RIGHTS - Classification of goods and services
- Period in which action for infringement may be brought
PART3
APPLICATION FOR REGISTRATION - Applications: approved form
- Applications: requirements for filing
- Representation of trade marks
- Specification of goods or services or both
- Period for claiming priority for an application
- How to claim priority
- Publication of particulars of application
- Examination of application: report to applicant
- Examination: applicant’s response to report
- Examination: further report to applicant
- Examination: additional requirements
- Periods after which applications lapse
- Deferment of acceptance
- Period for which acceptance is deferred
- Trade marks containing etc. certain signs
- Divisional applications
- Applications under Part 4
- Request for expedited examination of application
- Expedited examinations
PART4
OPPOSITION TO REGISTRATION - Time for filing notice of opposition
- Extension of time for filing: grounds
- Extension of time for filing: application
- Extension of time for filing: grant of extension
- Copy of earlier application to be available to opponent
- Opposition proceedings
- Evidence in support
- Notice that opponent will not rely on evidence in support
- Failure to file
- Evidence in answer
- Period for service of a copy of the evidence in answer
- Notice that applicants will not rely on evidence in answer
- Failure to file
- Evidence in reply to evidence in answer
- Notice that opponents will not rely on evidence in reply to evidence in answer and failure to file
- Hearing of opposition
- Extension of period to serve evidence and service of further evidence
- Conduct of opposition proceedings generally
- Registrar to give notice of dismissal of proceedings
PART5
AMENDMENT OF APPLICATION FOR REGISTRATION OF A TRADE MARK AND OTHER DOCUMENTS - Amendment of applications by Registrar
- Request to amend before publication of details
- Filing of declarations
- Notification of amendments
PART6 REGISTRATION OF TRADE MARKS - Period in which a trade mark can be registered
- Particulars to be entered in the Register
- Period for request for renewal
- Notice of renewal due: when and how given
- Notice of renewal
PART 7
AMENDMENT AND CANCELLATION OF REGISTRATION - Notice of cancellation
- Amendment or cancellation: matters for the court
PART 8 REMOVAL OF TRADE MARK FROM REGISTER FOR NON-USE - Applications for removal etc.
- Notification of applications
- Notice of opposition to removal
- Opposition proceedings before the Registrar
PART 9 ASSIGNMENT AND TRANSMISSION OF TRADE MARKS - Applications for assignment etc. to be recorded or entered
- Recording of assignment etc. : trade marks not registered
- Particulars of recorded assignment or transmission to be published
- Recording of assignment etc. of registered trade marks
- Notice to persons recorded as claiming right or interest in trade marks
PART 10 VOLUNTARY RECORDING OF CLAIMS TO INTERESTS IN AND RIGHTS IN RESPECT OF TRADE MARKS - Amendment of particulars: claimed interests or rights
- Amendment of name, address and address for service: claims not in Register
- Cancellation of particulars: claimed interests or rights
PART II IMPORTATION OF GOODS INFRINGING SAINT LUCIAN TRADE MARKS - Notice of objection to importation: accompanying documents
- Notice of objection to importation: authorized users
- Period for compliance with Comptroller’s request for information etc.
PART 12 CERTIFICATION TRADE MARKS - Copy of rules to be filed
- Applications to vary rules
- Assignment of registered certification trade marks
PART 13 DEFENSIVE TRADE MARKS
73. Evidence in support of applications
PART14
ADMINISTRATION - Registry and sub-offices: business hours
- Delegates of the Registrar
PART 15
MISCELLANEOUS
Division I
Applications and other documents
- Compliance with instructions on approved forms
- Filing of documents: requirements as to form
- Filing of documents: common requirements
- Filing of documents: treatment of non-complying documents
- Filing of documents: date of receipt to be marked
- Declarations
- Declarations: additional material
- Notification of service
- Notice of withdrawal of applications etc.
- Withdrawal of application etc.: Registrar’s notice to applicants
- Change of address for service: notice to interested persons
Division 2
Proceedings before the Registrar
- Applications for costs
- Determination of costs
- Conduct of proceedings generally
- Hearings by Registrar
- Registrar not required to hold hearings
- Evidence in proceedings
- Documents not in English
- Registrar may use information available
- Statements of reasons for decision
Division 3
General
- Fees are payable
- How fees are to be paid
- Notice of non-payment fee
- Refunds etc. of fees
- Extension of time: application
- Extension of time: notice of opposition
- Extension of time: opposition proceedings
- Extension of time: prescribed acts and documents
- Incapacity of certain persons
- Destruction of documents
- Directions not otherwise presented
- Requirements cannot be complied with for reasonable cause
- Forms generally
- Form of documents
- General
PART 16 TRANSITIONAL PROVISIONS - Application of the Act
- Certain extensions of time continue
SCHEDULE 1 : Signs that may not be registered as Trademarks
SCHEDULE 2: Prescribed Offices
SCHEDULE 3: Form of Documents
SCHEDULE 4: Costs, Expenses and Allowances
SCHEDULE 5: Fees
SCHEDULE 6: Forms
SAINT LUCIA
STATUTORY INSTRUMENT, 2003, No. 17
[ 24th February, 2003 ]
In exercise of the power conferred by section 200 of the Trade Marks Act 2001, No. 22, the Minister responsible for Intellectual Property makes these Regulations:
PART I
PRELIMINARY
Citation
1. These Regulations may be cited as the Trade Marks Regulations 2003.
Commencement
2. These Regulations shall come into force on the 1st day of April, 2003.
Interpretation
3. In these Regulations —
“Act” means the Trade Marks Act 2001, No. 22;
“certificate of verification” means a statement —
- (a)
- that a document to which the statement relates —
- (i)
- has been translated by a person who is proficient in both the language from which the document has been translated into English, and English; and
- (ii)
- is a true and complete translation of the accompanying document to the best of the knowledge of the person who signs the statement; and
- (b)
- that is dated and signed;
“earlier application”, in relation to an application for the registration of a trade mark for which a right of priority is claimed, means an application for the registration of that trade mark in a Convention country—
- (a)
- that was filed, at the trade marks office, or its equivalent, of that Convention country before the application for which the right of priority is claimed; and
- (b)
- on which the claim for the right of priority is based;
“National Archives Authority of St. Lucia” means the National Archives Authority of St. Lucia established under the National Archives Authority of St. Lucia Act 1993, No. 16;
“trade marks officer” means any officer so designated by the Registrar;
“working day” means a day other than a Saturday, a Sunday or a public holiday.
PART 2 TRADE MARKS AND TRADE MARK RIGHTS
Classification of goods and services
4.— (1) For the purposes of section 11 (2) (6), and section 11 (3) of the Act (which deals with the classification of goods and services) an application for registration of a trade mark must specify the goods or services and the class or classes in respect of which the trade mark is sought to be registered in accordance with the Nice Classification.
Period in which action for infringement may be brought
5. For the purposes of section 10(1) (b) of the Act (which deals with powers of the authorised user of a trade mark), the prescribed period is 2 months from the day on which the authorised user of a trade mark asks the registered owner of the trade mark to bring an action for infringement of the trade mark.
PART 3
APPLICATION FOR REGISTRATION
Applications: approved form
6.— (1) For the purposes of section 11 (1) of the Act (which deals with applications for registration) and Parts 15,16 and 17 of the Act (which deal with collective trade marks, certification trade marks and defensive trade marks respectively), an application for the registration of a trade mark shall be in the form prescribed in Form 1 of Schedule 6. - (2)
- Any material that is intended by the applicant to form part of the application for registration of a trade mark —
- (a)
- must be attached to the application; and
- (b)
- is taken to be part of the application.
Applications: requirements for filing
7.— (1) In order for an application for registration of a trade mark to be taken to be filed, the applicant must — - (a)
- state that the application is for registration of the trade mark, or contain a clear indication to that effect;
- (b)
- include a representation of the trade mark that is sufficient to identify the trade mark;
- (c)
- specify the goods or services or both in relation to which the application is made;
- (d)
- specify the name of the applicant;
- (e)
- contain sufficient information to enable the Registrar to contact the applicant; and
- (f)
- be accompanied by an authorisation of agent.
- (2)
- If the application does not meet a requirement referred to in sub-regulation (1) ((a), (b), (c) or (d), the Registrar must give to the applicant written notices of the requirement.
- (3)
- If the applicant meets the requirement referred to in sub-regulation (2) within a period of 3 months from the date of the notice, the application is taken to be filed on the day on which the requirements is met.
- (4)
- If the applicant does not meet the requirement referred to in sub-regulation (2) within the period referred to sub-regulation (3), the application is taken not to have been filed.
Representation of trade marks
8.— (1) If practicable, the representation of a trade mark included in an application for registration of the trade mark must not exceed 8 centimeters by 8 centimeters (3 inches by 3 inches). - (2)
- In an application for the registration of two or more trade marks as a series, the representation of each trade mark in the series must, if practicable, not exceed 8 centimetres by 8 centimetres ( 3 inches by 3 inches).
- (3)
- In an application for the registration of a trade mark that contains, or consists of, a 3 dimensional shape —
- (a)
- if practicable, the representation of the trade mark in the application must be illustrated in a perspective that shows each feature of the trade mark; and
- (b)
- otherwise, the representation of the trade mark in the application must include views of the trade mark that are necessary to show each feature of the trade mark.
- (4)
- If the Registrar reasonably believes that the views of a trade mark to which sub-regulation (3) (a) or (b) applies are not sufficient to allow all features of the trade mark to be properly examined, the Registrar may, by notice in writing, require the applicant to give to the Registrar up to six additional views of the trade mark that show the features sufficiently to permit proper examination of the trade mark.
- (5)
- If the representation of a trade mark in an application for registration of the trade mark includes words of a language other than English, the applicant must file in support of the application a translation of the words into English.
- (6)
- If the representation of a trade mark in an application for registration of the trade mark includes characters constituting words, being characters that are not roman letters, the applicant must file in support of the application —
- (a)
- a transliteration of the characters into roman letters, using the recognised system of romanisation of the characters, if any; and
- (b)
- a translation of the words into English.
- (7)
- If a trade mark for which registration is sought contains or consists of a sign that is a colour, shape, or an aspect of packaging, or any combination of those features, the application for registration of the trade mark must include a concise and accurate description of the trade mark.
- (8)
- If the Registrar reasonably believes that the description or representation of a trade mark in an application for registration of the trade mark does not —
- (a)
- demonstrate the nature of the trade mark sufficiently; or
- (b)
- show each feature of the trade mark sufficiently;
to permit proper examination of the trade mark, the Registrar may require the applicant to give to the Registrar a description, or further description, of the trade mark and a specimen of the trade mark.
- (9)
- lf representation of a single trade mark exceeds, or the representations of the trade marks in a series of trade marks together exceed 8 centimetres by 8 centimetres ( 3 inches by 3 inches), the representation or representations —
- (a)
- must be attached to the application for registration of the trade mark or trade marks; and
- (b)
- shall be taken to be part of the application.
- (10)
- The representation of a trade mark in an application for registration of the trade mark must be of a kind and quality that —
- (a)
- ensures that the features of the trade mark will be preserved in the course of time; and
- (b)
- is suitable for reproduction.
Specification of goods or services or both
9.— (1) For the purposes of section 11 (3) of the Act, the following sub-regulations set out the manner of specifying, in an application for the registration of a trade mark, the goods or services or both in respect of which registration is sought. - (2)
- The expression “all goods”, “all services”, “all other goods”, or “all other services” must not be used in an application for registration of a trade mark to specify the goods or services or both in respect of which registration is sought.
- (3)
- The goods or services or both must be grouped according to the appropriate classes as detailed in the Nice Classification.
- (4)
- The applicant must nominate the class number that is appropriate to the goods or services in each group.
- (5)
- The groups must be listed in the order of their class numbers.
- (6)
- The goods or services or both must, as far as practicable, be specified in terms appearing in any listing of goods and services that is —
- (a)
- published by the World Intellectual Property Organisation in the Nice Classification; and
- (b)
- made available for inspection by the public at the Registry of Companies and Intellectual Property and its sub-offices.
- (7)
- If any of the goods or services or both cannot be specified using terms referred to in sub-regulation (6), the applicant must provide sufficient information to enable the Registrar to decide the classification of the goods or services or both.
Period for claiming priority for an application
10. For the purposes of section 13(1) of the Act (which deals with claims for priority), the prescribed period in relation to a claim for a right of priority for an application is 6 months after filing the application.
How to claim priority
11.— (1) For the purposes of section 13(1) of the Act ( which deals with claims for priority), an applicant must claim a right of priority for an application by filing notice of the claim. - (2)
- Any notice under sub-regulation (1) must specify, in respect of the earlier application or, if there is more than one earlier application, in respect of each earlier application —
- (a)
- the Convention country in which the earlier application was filed at the trade marks office, or its equivalent, of that Convention country; and
- (b)
- the date on which the earlier application was filed; and
- (c)
- if a number is allocated to the earlier application in the trade marks office, or its equivalent, of that Convention country, that number.
- (3)
- If, as a result of a claim for a right of priority, more than one priority date applies in relation to an application, a person who claims a right of priority under section 13(1) of the Act must specify the goods or services or both to which each priority date relates.
Publication of particulars of application
12.— (1) For the purposes of section 14 of the Act (which deals with publishing particulars of applications), the Registrar must publish the following particulars of the application— - (a)
- if a number has been allocated to the application in the Registry of Companies and Intellectual Property – the number;
- (b)
- the applicant’s name;
- (c)
- the date of filing the application;
- (d)
- if the application is a divisional application – particulars of the initial application;
- (e)
- particulars of any claim for a right of priority for the application;
- (f)
- the class number or numbers for the goods or services or both in respect of which registration of the trade mark is sought.
- (2)
- The particulars must be published in one, or more than one, of the following ways —
- (a)
- publication in the Gazette;
- (b)
- listing in a computer database maintained by the Registry of Companies and Intellectual Property;
- (c)
- making a record of the application available, in electronic or other form, in each of the sub-offices of the Registry of Companies and Intellectual Property .
Examination of application: report to applicant
13.— (1) For the purposes of section 15 of the Act (which deals with examination and reporting), if in the course of an examination of an application the Registrar reasonably believes that — - (a)
- the application has not been made in accordance with the Act or these Regulations; or
- (b)
- there are grounds under Division 2 of Part 4 of the Act for rejecting it;
the Registrar must report that belief in writing to the applicant.
- (2)
- A report under sub-regulation (1) must include notice of the date on which the application will lapse if it is not accepted earlier.
- (3)
- If the Registrar reasonably suspects that the provisions of section 11(1) (b) of the Act do not apply in relation to all of the goods or services or both specified in an application for registration of a trade mark, the Registrar may require the applicant to make a declaration to
the Registrar that those provisions apply to all of those goods or services or both.
Examination: applicant’s response to report
14.— (1) An applicant may respond in writing to the Registrar’s report under regulation 13. - (2)
- The response may —
- (a)
- contest a belief of the Registrar that is expressed in the report; and
- (b)
- contest another matter that is mentioned in the report; and
- (c)
- provide further documents or evidence in support of the application; and
- (d)
- request that the application be amended in accordance with the Act.
Examination: further report to applicant
15.— (1) On receipt of a response under regulation 14, the Registrar must consider the response. - (2)
- If the Registrar continues to believe that —
- (a)
- the application has not been made in accordance with the Act or these Regulations; or
- (b)
- there are grounds under Division 2 of Part 4 of the Act for rejecting it;
the Registrar must report that belief in writing to the applicant.
- (3)
- Unless acceptance of an application is deferred, a report under sub-regulation (2) in relation to that application must include notice of the date on which the application will lapse if it is not accepted earlier.
- (4)
- Regulation 14 and this regulation apply to a report under sub-regulation (2) as if it were a report under regulation 13.
Examination: additional requirements
16.— (1) In the course of an examination of an application for which a right of priority is claimed, the Registrar may, in writing, require the applicant to file — - (a)
- a copy of any earlier application certified in the trade marks office, or its equivalent, of the Convention country in which it was filed; and
- (b)
- if the earlier application is not in English:
- (i)
- a translation of the earlier application into English; and
- (ii)
- a certificate of verification relating to the translation.
- (2)
- If the applicant is the successor in title to the person who made the earlier application, the Registrar may, in writing, require the applicant to file documentary evidence that is sufficient to establish the passing of title to the applicant.
Periods after which applications lapse
17.— (1) For the purposes of section 21(1) of the Act (which deals with lapsing), the prescribed period, for an application in respect of which a report is made under regulation 13 is — - (a)
- except as provided by paragraph (b), 12 months from the date of that report whether or not a further report is made under regulation 15; or
- (b)
- if a further report raises grounds under Division 2 of Part 4 of the Act for rejecting the application that were not raised in the report made under regulation 13, 12 months from the date of the further report,
- (2)
- In determining the period of 12 months for the purposes of sub-regulation (1) (a) or (b) in relation to an application, no account is to be taken of a period in which acceptance of the application is deferred under regulation 18.
- (3)
- An applicant may, before the end of a period prescribed in sub-regulation (1), or that period as extended under section 195 of the Act or as a result of a previous application of sub-regulation (4), request the Registrar in writing to extend the period.
- (4)
- The Registrar must, in accordance with a request made under sub-regulation (3), extend a period, unless —
- (a)
- the period; or
- (b)
- that period as extended under section 195 of the Act or as a result of a previous application of this sub-regulation;
would be extended for more than 6 months after the end of the relevant period prescribed in sub-regulation (1).
Deferment of acceptance
18.— (1) The Registrar may, at the request of the applicant in writing, defer acceptance of an application for registration of a trade mark, if— - (a)
- the request is made within a period prescribed in sub-regulation 17 (1); and
- (b)
- the Registrar reasonably believes that there are grounds for rejecting the application under section 28 ( 1) or (2) of the Act because of another trade mark —
- (i)
- that is registered by another person; or
- (ii)
- in respect of which an application for registration has been made by another person; and
- (c)
- the applicant—
- (i)
- is awaiting the finalization of proceedings in respect of the application for registration of the other trade mark; or
- (ii)
- is seeking to satisfy the Registrar as to a matter mentioned in section 28 (3) (a) or (b) of the Act or as to the matters mentioned in section 28 (4) of the Act in relation to the applicant’s trade mark and the other trade mark; or
(iii) has filed an application under section 76 of the Act (which deals with the removal of trade marks), in respect of the other trade mark, and is awaiting the finalisation of proceedings in respect of that application; or
- (iv)
- has begun proceedings to have the Register rectified in respect of the other trade mark and the proceedings have not been determined or otherwise disposed of; or
- (v)
- is awaiting renewal of the registration of the other trade mark in the period of 12 months after registration of the other trade mark has expired, or removal of the other trade mark from the Register.
- (2)
- The Registrar may, on his or her own initiative, defer acceptance of the application within a period that is prescribed in regulation 17(1) or that is extended under section 195 of the Act or regulation 17 (4), if—
- (a)
- the time within which proceedings mentioned in paragraph (b) may be begun, or an application mentioned in paragraph (c) may be made, has not ended; or
- (b)
- appeal proceedings under a provision of the Act have begun in a prescribed court in relation to the application; or
- (c)
- the Registrar is informed in writing that the applicant has died.
- (3)
- The Registrar must notify an applicant in writing —
- (a)
- if the applicant requests the Registrar to defer acceptance of an application-of the Registrar’s decision to defer, or not to defer, acceptance of the application; and
- (b)
- if the Registrar otherwise defers acceptance of an application of the provision under which acceptance of the application is deferred.
Period for which acceptance is deferred
19.— (1) The period for which acceptance of an application is deferred (in this regulation called “the deferment period”) begins immediately after the date of the notice of deferment issued under regulation 18 (3). - (2)
- The deferment period ends —
- (a)
- when the application is withdrawn; or
- (b)
- if paragraph (a) does not apply-when the Registrar is reasonably satisfied that there are no longer grounds for rejecting the application under section 28(1) or (2) of the Act; or
- (c)
- if paragraphs (a) and (b) do not apply-in accordance with sub-regulation (3).
- (3)
- For the purposes of paragraph (2) (c), the deferment period ends—
- (a)
- if acceptance is deferred because of regulation 18(1) (c) (i), when proceedings relating to the registration of the other trade mark are finalised; and
- (b)
- if acceptance is deferred because of regulation 18(1) (c) (ii), at the end of 6 months from the date of the notice of deferment; and
- (c)
- if acceptance is deferred because of regulation 18 (1) (c) (iii), when proceedings under Part 9 of the Act in respect of the other trade mark are finalised; and
- (d)
- if acceptance is deferred because of regulation 18(1) (c) (iv), when the proceedings to have the Register rectified in respect of the other trade mark are determined or otherwise disposed of; and
- (e)
- if acceptance is deferred because of regulation 18 (1) (c) (v), when the registration of the other trade mark is renewed or the other trade mark is removed from the Register; and
- (f)
- if acceptance is deferred because of regulation 18 (2) (a), at the end of 2 months after the beginning of the period in which—
- (i)
- proceedings mentioned in regulation 18 (2) (a) may be begun; or
- (ii)
- an application mentioned in regulation 18 (2) (a) may be made; and
- (g)
- if acceptance is deferred because of regulation 18 (2) (b), at the end of—
- (i)
- 3 months after the determination, or other disposal, of the proceedings or review; or
- (ii)
- such time as the court to which any appeal is brought allows;
- (h)
- if acceptance is deferred because of regulation 18 (2) (c),at the end of a period after the death of the applicant that the Registrar reasonably regards as sufficient in the circumstances; and
- (4)
- If acceptance of an application is deferred as a result of the operation of more than one of the provisions of regulation 18(1) (c) and regulation 18(2), the deferment period ends in accordance with the relevant provision of sub-regulation (3) under which the deferment period ends later or last, as the case requires.
- (5)
- The Registrar must notify the applicant in writing of —
- (a)
- the end of a period of deferment; and
- (b)
- if acceptance is deferred under regulation 18 (1), the last day of the relevant period prescribed by regulation 17(1) (a) or (b).
Trade marks containing etc. certain signs
20.— (1) For the purposes of section 23 (2) (a) of the Act (which deals with signs), the signs in Schedule I are prescribed.
(2) A list of the marks mentioned in Schedule I must be available at the Registry of Companies and Intellectual Property and sub-offices.
Divisional applications
21. — (a) For the purposes of section 31 (2) of the Act (which deals with divisional applications), the period in relation to a divisional application for the registration of part of a trade mark is 6 months after filing the initial application for the registration of the trade mark.
(b) For the purposes of sections 33 (2) and (4) of the Act (which deal with divisional applications), the period in relation to a divisional application for the registration of the trade mark in respect of goods or services or both excluded from the initial application is 1 month from the date of the notice of the amendment of the initial application for the registration of the trade mark given under regulation 45.
Applications under Part 4
22. An Application under Part 4 Division 3 of the Act shall be in the form prescribed in Form 3 of Schedule 6.
Request for expedited examination of application
23.— (1) A person who applies, or has applied, for the registration of a trade mark — - (a)
- may request in writing expedited examination of the application; and
- (b)
- must include with the request a declaration stating the reasons for the request.
- (2)
- As soon as practicable after making a decision in relation to a request, the Registrar must give written notice of the decision to the person who made the request.
Expedited examinations
24.— (1) The Registrar must, to the extent that is practicable, examine applications for the registration of trade marks in relation to which requests under regulation 23 are granted — - (a)
- in the order in which the requests are filed; and
- (b)
- before examination of an application for registration of a trade mark in relation to which—
- (i)
- a request under regulation 23 is not made; or
- (ii)
- a request made under that regulation is not granted.
- (2)
- In the absence of a request for expedited examination of an application for registration of a trade mark, the Registrar may expedite examination of the application if he or she reasonably believes that expedited examination is warranted.
- (3)
- The relationship of an application mentioned in sub-regulation
- (2)
- to another application for registration of a trade mark is a relevant circumstance for the purposes of that sub-regulation.
PART4
OPPOSITION TO REGISTRATION
Time for filing notice of opposition
25.— (1) For the purposes of section 36 (2) of the Act (which deals with notice of opposition), the period for filing a notice of opposition is 3 months from the day on which the acceptance of the application is advertised in the Gazette. - (2)
- For the purposes of section 36 (2) of the Act, a notice of opposition shall be in the form as prescribed in Form 4 of Schedule 6.
- (3)
- The opponent shall within 2 days after the service of the copy of the notice of opposition on the applicant file a statement setting out the date, place and manner of service on the applicant.
Extension of time for filing; grounds
26.— (1) A person may apply to the Registrar for an extension of time in which to file a notice of opposition. - (2)
- An application for an extension of time may be made within the period for filing a notice of opposition referred to in regulation 25 on one, or more than one, of the following grounds and on no other ground —
- (a)
- an error or omission by a member of staff of the Registry of Companies and Intellectual Property;
- (b)
- an error or omission by the person applying for the extension of time, or by the person’s agent;
- (c)
- circumstances beyond the control of the person applying for the extension of time;
- (d)
- the conduct of genuine negotiations between that person and the applicant for registration;
- (e)
- the undertaking of genuine research to decide —
- (i)
- whether opposition is justified; or
- (ii)
- on the grounds of opposition.
- (3)
- If the period for filing a notice of opposition has ended, an application for extension of time may be made at any time before the trade mark is registered on one, or more than one, of the grounds set out in sub-regulation (2) (a), (b) or (c) and on no other ground.
Extension of time for filing: applications
27. An application for an extension of time in which to file a notice of opposition must — - (a)
- be in writing; and
- (b)
- be accompanied by a declaration stating —
- (i)
- the facts on which the grounds specified in the application are based; and
- (ii)
- if the period for filing a notice of opposition has ended-the reason why the application was not made before the end of that period.