Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p47
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 118295–121074

is unopposed.
Note 2: Regulations 21.15 and 21.16 deal with hearings.

9.18  Extension of time for filing
 (1) A party may request the Registrar to extend a period for filing evidence mentioned in regulation 9.16.
 (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.

9.18A  Trade mark restored to Register in certain circumstances
  For the purposes of subparagraph 98(2)(b)(ii) of the Act (which deals with restoration of trade marks), a thing referred to in paragraph 98(2)(b) of the Act is:
 (a) filing evidence in support in accordance with subregulation 9.16(3); or
 (b) requesting a hearing in accordance with subregulation 9.17(1).

Division 4—Cooling‑off period for opposition

9.19  Registrar may allow cooling‑off period
 (1) This regulation applies to an opposition if:
 (a) the notice of opposition has been filed; and
 (b) the Registrar has not decided to remove the trade mark under subsection 101(1) of the Act; and
 (c) the opposition has not been dismissed under regulation 9.10.
 (2) If the Registrar is satisfied that the parties agree to a cooling‑off period, the Registrar must allow a cooling‑off period of 6 months.
 (3) The Registrar must extend the cooling‑off period for 6 months if, before the end of the period, the Registrar is satisfied that the parties agree to the extension.
 (4) The Registrar must not:
 (a) further extend the cooling‑off period; or
 (b) allow more than one cooling‑off period for an opposition.
 (5) If a party files a notice, in an approved form, requesting the Registrar to discontinue the cooling‑off period, the Registrar must do so.
 (6) The Registrar may direct the parties on steps the parties must take:
 (a) if the cooling‑off period is discontinued; or
 (b) otherwise—when the cooling‑off period ends.
 (7) The opposition resumes: