Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p29
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 73615–76309

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 filed in relation to paragraph (3)(a) to the applicant.
 (6) The opponent may apply to the ART for review of a decision under this regulation to dismiss the opposition or delete material from the statement of grounds and particulars.
 (7) Regulation 5.4 does not apply to this regulation.

5.9  Extension of time for filing—application
 (1) A person who intends to oppose an application under subsection 52(1) of the Act may request the Registrar to extend:
 (a) the period for filing a notice of intention to oppose under subregulation 5.6(1); or
 (b) the period for filing a statement of grounds and particulars under subregulation 5.7(1).
 (2) A request under paragraph (1)(a) or (b) may be made:
 (a) within the period for filing the document in question; or
 (b) before the trade mark is entered on the Register under section 69 of the Act.
Note: See subparagraph (3)(b)(ii) and subregulation 5.10(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 or the statement of grounds and particulars has ended—the reason why the request was not made within the period.
Note: Regulations 21.6 and 21.7 deal with making and filing declarations.
 (4) The request 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.

5.10  Extension of time for filing—grant
 (1) The Registrar may grant a request under subregulation 5.9(1) for an extension of time only if the Registrar is satisfied that the grounds set out in the request justify the extension.
 (2) However, if the request is made after the period for filing the notice or statement of grounds and particulars 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 request.
 (3) The Registrar must decide the length of the extended period having regard to what is reasonable in the circumstances.

5.11  Amendment of notice of intention to oppose
 (1) An opponent may request the Registrar to amend a notice of intention to oppose to correct a clerical error or