Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p45
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 113412–116093

be made.
 (4) If the Registrar grants the request, the Registrar must give a copy of the amended statement to the applicant.

Subdivision B—Notice of intention to defend

9.15  Filing of notice of intention to defend
 (1) A notice of intention to defend must be filed within one month from the day the applicant is given a copy of the statement of grounds and particulars.
 (2) The Registrar must give the opponent a copy of the notice.
 (3) If the applicant does not file the notice of intention to defend within the period mentioned in subregulation (1) or that period as extended, the Registrar may decide to:
 (a) take the opposition to have succeeded; and
 (b) refuse to remove the trade mark from the Register.
 (4) The Registrar must notify the parties of the Registrar's decision.

9.15A  Extension of time for filing—application
 (1) A person may apply to the Registrar to extend the period for filing a notice of intention to defend.
 (2) The application must be made before the end of the period of 2 months beginning on the day after the end of the period mentioned in subregulation 9.15(1).
 (3) The application must:
 (a) be in the approved form; and
 (b) be accompanied by a declaration stating the facts and circumstances forming the basis for the grounds for making the application.
Note: Regulations 21.6 and 21.7 deal with making and filing declarations.
 (4) The application may be made only on either or both of the following grounds:
 (a) an error or omission by the person, the person's agent, the Registrar or an employee;
 (b) circumstances beyond the control of the person, other than an error or omission by the person, the person's agent, the Registrar or an employee.

9.15B  Extension of time for filing—grant
 (1) The Registrar may grant an application under subregulation 9.15A(1) for an extension of time only if the Registrar is satisfied that the grounds set out in the application justify the extension.
 (2) However, if the application is made after the period mentioned in subregulation 9.15(1) has ended, the Registrar must not grant the extension unless the Registrar is satisfied that there is sufficient reason for the delay in making the application.
 (3) The Registrar must decide the length of the extended period having regard to what is reasonable in the circumstances.

Subdivision C—Evidence

9.16  Filing of evidence
 (1) The Registrar must notify the parties that:
 (a) all the evidence for an evidentiary period mentioned in this regulation has been filed; or
 (b) no evidence was filed for the period.
 (2) The Registrar must give a copy of any evidence filed by a party under this regulation to the other party:
 (a) before the