Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p15
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 38815–41565

an application under Part 4 of the Act after following the procedure mentioned in subregulation (1).

3A.6  AFS request—application for extension of time
 (1) A requester may apply to the Registrar to extend the period for amending or submitting an AFS request under subregulation 3A.5(1).
 (2) The application must be made within the period of 2 months beginning immediately after the end of the period of 5 working days after the requester is informed by the Registrar under subregulation 3A.4(2).
 (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 any of the following grounds:
 (a) an error or omission by the requester, the requester's agent, the Registrar or an employee;
 (b) circumstances beyond the control of the requester, other than an error or omission by the requester, the requester's agent, the Registrar or an employee;
 (c) special circumstances exist that justify an extension of the period.

3A.7  AFS request—grant of extension of time
 (1) The Registrar may grant the application only if the Registrar is satisfied that the grounds set out in the application justify the extension.
 (2) The Registrar must decide the length of the extended period having regard to what is reasonable in the circumstances.
 (3) The Registrar must not grant more than one extension for an AFS request.

Part 4—Application for registration

4.1  Applications—approved form
 (1) For subsection 27(2) of the Act (which deals with applications for registration), an application for the registration of a trade mark must be:
 (a) in an approved form; or
 (b) an AFS request mentioned in Part 3A, in respect of which all fees were paid within the prescribed time limits.
 (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.

4.2  Application in approved form—requirements for filing
 (1) To be taken to be filed, an application for registration of a trade mark that is in an approved form must:
 (a) state that the application is for registration of the trade mark, or contain a clear indication to that effect; and
 (b) include a representation of the trade mark that is sufficient to identify the trade mark; and
 (c) specify the goods and/or services in relation to which the application is made; and
 (d) include sufficient information to enable the Registrar to establish the identity of the applicant; and
 (e) contain sufficient