Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p43
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 108479–111212

application for removal is published in a computer database maintained by the Trade Marks Office.
 (2) The notice must be in an approved form.
 (3) The Registrar must give a copy of the notice to the applicant.

9.9  Filing of statement of grounds and particulars
 (1) A statement of grounds and particulars must be filed within one month from the day the notice of intention to oppose is filed.
 (2) The statement must be in an approved form.

9.10  Statement of grounds and particulars must be adequate
 (1) The Registrar must assess the adequacy of a statement of grounds and particulars filed under regulation 9.9.
 (2) If the Registrar decides that the statement is adequate, the Registrar must give a copy of the statement to the applicant.
 (3) If the Registrar decides that the statement is inadequate, the Registrar may:
 (a) direct the opponent to rectify the inadequacy by filing more information on the basis for the opposition to the grounds for removal; or
 (b) dismiss the opposition.
 (4) If the Registrar decides that the information filed under paragraph (3)(a) rectifies the inadequacy of the statement, the Registrar must give a copy of the statement and the information to the applicant.
 (5) For subsection 99A(1) of the Act, the Registrar may dismiss the opposition if:
 (a) the Registrar decides that the statement is inadequate; or
 (b) the Registrar has directed the opponent to file information under paragraph (3)(a) and:
 (i) the opponent fails to file the information; or
 (ii) the Registrar decides that the information filed does not rectify the inadequacy of the statement.
 (6) Regulation 9.4 does not apply to this regulation.
Note: For review rights in relation to a decision by the Registrar to dismiss an opposition, see subsection 99A(2) of the Act.

9.11  Extension of time for filing—application
 (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.