Trade Marks Regulations 2003

34 Evidence out of time

(1)

This regulation and regulation 35 apply to the following proceedings:

(a)

an opposition to registration of a trade mark:

(b)

an application for rectification of the register:

(c)

an application for revocation of the registration of a trade mark:

(d)

an application for a declaration of the invalidity of the registration of a trade mark:

(e)

an application for cancellation or alteration of a registration.

(2)

A party to a proceeding must not file evidence after the prescribed time unless the party has applied to the Commissioner for permission to file it and the Commissioner allows it.

(3)

The Commissioner may allow the evidence to be filed only if—

(a)

the Commissioner considers that there are genuine and exceptional circumstances that justify filing the evidence; or

(b)

the evidence could not have been filed earlier.

(4)

In this regulation, prescribed time means, in relation to a proceeding to which this regulation applies, the time prescribed in these regulations by which the evidence or type of evidence must be filed.

Regulation 34: replaced, on 29 April 2013, by regulation 14 of the Trade Marks Amendment Regulations 2013 (SR 2013/49).