Trade Marks Regulations 2003

35 Application for permission to file evidence out of time

(1)

The application for permission to file evidence out of time must—

(a)

be in writing; and

(b)

be signed by the party applying for permission (P); and

(c)

contain the information in subclause (2).

(2)

The application must contain the following information:

(a)

P’s name and address for service:

(b)

if P has an agent, the agent’s name:

(c)

the nature of the evidence and whether it is evidence in chief or evidence strictly in reply:

(d)

an explanation why the evidence could not have been filed earlier:

(e)

any other ground or grounds for making the application.

(3)

The Commissioner must notify the opposite party of the application, and the opposite party may make submissions to the Commissioner within the time specified by the Commissioner.

(4)

The Commissioner must notify the parties of the decision that the Commissioner intends to make on the application.

(5)

The notification must—

(a)

specify the ground or grounds on which the Commissioner intends to reject or accept the application; and

(b)

advise the parties that either party may require a hearing; and

(c)

specify a period of not less than 1 month after the date of notification for a party to require a hearing; and

(d)

advise the parties that the Commissioner will decide the application at the end of that period if a party has not required a hearing.

(6)

The Commissioner must, as soon as practicable, hold a hearing if the applicant requests it unless regulation 122(3) applies.

Regulation 35(2)(c): amended, on 29 April 2013, by regulation 15(1) of the Trade Marks Amendment Regulations 2013 (SR 2013/49).

Regulation 35(6): replaced, on 29 April 2013, by regulation 15(2) of the Trade Marks Amendment Regulations 2013 (SR 2013/49).