Singapore legislation
Regulation 77
Regulation 77
Request for extension of time
Subregulation 1
Subject to paragraph (6), any period of time —
prescribed by these Rules; or
specified by the Registrar for doing any act or taking any proceedings,may, at the request of the person or party concerned, be extended by the Registrar by such period and upon such terms as the Registrar considers fit.
Subregulation 1A
A request for an extension of time under paragraph (1) —
in a case where the request relates to any proceedings not mentioned in sub-paragraph (b) at which only the applicant is present, must be made by filing with the Registrar Form CM5 before the expiry of the period of time in question;
in a case where the request relates to an extension of the period of time specified in rule 24(4), must be made by filing with the Registrar Form HC3 before the expiry of that period of time; or
in a case where the request relates to any proceedings with notice, must be made by filing with the Registrar Form HC3 before the expiry of the period of time in question.
Subregulation 1B
A request for an extension of time mentioned in paragraph (1A)(c) must state —
the period of extension requested;
the reason for the extension; and
the name and address of every person likely to be affected by the extension.
Subregulation 1C
A person making a request mentioned in paragraph (1A)(c) must serve a copy of the request on each party, and on each person likely to be affected by the extension of time, at the time the request is filed with the Registrar.
Subregulation 1D
Any party or any person likely to be affected by the extension of time may submit an objection to the request for extension of time not later than 2 weeks after the receipt of a copy of the request mentioned in paragraph (1A)(c).
Subregulation 2
The Registrar may refuse to grant an extension of time if the person requesting the extension —
fails to show a good and sufficient reason for the extension; or
in the case of a request mentioned in paragraph (1A)(c), fails to show to the Registrar’s satisfaction that the request for extension has been served on each party and on each person likely to be affected by the extension.
Subregulation 3
The Registrar may grant or refuse an extension of time mentioned in paragraph (1A)(a), (b) or (c) without having to conduct a hearing in accordance with rule 67A.
Subregulation 4
Upon granting an extension of time mentioned in paragraph (1A)(c), the Registrar must send a notification of the extension to each party and each person mentioned in paragraph (1B)(c).
Subregulation 5
Any party or any person likely to be affected by the extension of time mentioned in paragraph (1A)(c) may, not later than 2 weeks after receiving the Registrar’s notification of the extension, apply in writing to the Registrar to revoke the extension on the ground that the request mentioned in paragraph (1A)(c) had not been served on that party or that person (as the case may be).
Subregulation 6
Paragraphs (1) to (5) shall not apply to the following matters:
the remedying of a deficiency under rule 21;
(aa)the filing of a notice of opposition to an amendment of an application which has been published under rule 23(2);
(ab)the filing of a counter‑statement in response to a notice of opposition to an amendment of an application for registration which has been published, under rule 31 read with rule 23(4);
(ac)the filing of a request for the Registrar’s grounds of decision under rule 24(6)(a) or 67A(8)(a);
(ad)the prescribed time for the provision of the application number of a priority application under rule 18(2A);
the filing of a notice of opposition under rule 29;
the filing of a counter-statement under rule 31;
(ca)the filing of any statutory declaration under rule 31A, 32, 33 or 34;
the filing of a notice of opposition to the removal of any matter from the register under rule 46(2);
the doing of any act referred to in rule 49;
the filing of an application for the restoration of a registration under rule 53(1);
[Deleted by S 743/2014 wef 13/11/2014](h)[Deleted by S 743/2014 wef 13/11/2014](i)the filing of a notice opposing the alteration of a registered trade mark under rule 56(4);
the filing of a counter-statement to a notice referred to in sub-paragraph (i);
the filing of a counter-statement to an application for revocation or declaration of invalidity of the registration of a trade mark, or rectification of the register under rule 58;
the filing of a notice opposing the registration of a collective mark or certification mark under rule 65;
the filing of a counter-statement to a notice referred to in sub-paragraph (l);
the filing of a notice of opposition to an amendment to regulations governing the use of a registered collective or certification mark under rule 66A(1);
the filing of a counter-statement to a notice referred to in sub-paragraph (n);
(oa)the filing of a request under rule 77AA(2) to continue processing an application treated as withdrawn;
(ob)the filing of a request under rule 77B(2) to reinstate a right or thing that has been abrogated or has ceased to be in force or to exist;
the filing of a notice of opposition in respect of a pending application for registration referred to in rule 87; and
the filing of a counter-statement to a notice referred to in sub-paragraph (p).
Subregulation 7
This rule as in force immediately before 13 November 2014 shall continue to apply to any request made before that date under this rule for an extension of time.
Subregulation 8
Notwithstanding paragraph (7), any request made by a person or party concerned before 13 November 2014 under this rule as in force immediately before that date, for the extension of a particular period of time (whether prescribed by these Rules or specified by the Registrar) for doing any act or taking any proceedings, shall be taken into account for the purpose of determining the fee payable under paragraph (3)(c) for any request for a further extension of that period made by that person or party on or after that date under this rule.