Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p21
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 53729–56350

database maintained by the Trade Marks Office.

4.12  Periods after which applications lapse
 (1) For the purposes of subsection 37(1) of the Act (which deals with lapsing), the prescribed period, for an application in respect of which a report is made under regulation 4.8, is:
 (a) except as provided by paragraph (b)—15 months from the date of that report (whether or not a further report is made under regulation 4.10); 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 4.8—15 months from the date of the further report.
 (2) In determining the period of 15 months for the purposes of paragraph (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 4.13.
 (3) An applicant may, before the end of a period prescribed in subregulation (1), or that period as extended under section 224 of the Act or as a result of a previous application of subregulation (4), request the Registrar in writing to extend the period.
 (4) The Registrar must, in accordance with a request made under subregulation (3), extend a period, unless:
 (a) the period; or
 (b) that period as extended under section 224 of the Act or as a result of a previous application of this subregulation;
would be extended for more than 6 months after the end of the relevant period prescribed in subregulation (1).
Note 1: If an extension of the time for acceptance of an application is sought after the end of a prescribed period, or of an extended period mentioned in subregulation 4.12(3), application must be made under section 224 of the Act.
Note 2: If a period prescribed in subregulation 4.12(1) has been extended by 6 months, any application for a further extension of time must be made under section 224 of the Act.

4.13  Deferment of acceptance
 (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 subregulation 4.12(1) or that period as extended under regulation 4.12 or section 224 of the Act; and
 (b) the Registrar reasonably believes that there are grounds for rejecting the application under subsection 44(1) or (2) of the Act, or subregulation 4.15A(1) or (2), because of another trade mark:
 (i) that is registered by another person; or
 (ii) that is a protected international trade mark; or
 (iii) in respect of which an application for registration, or an IRDA, has been made by