Regulation 77B

[Deleted by S 403/2022 wef 26/05/2022](b)right has been abrogated, or thing has ceased to be in force or to exist, by reason that he has failed to comply with any procedural requirement in any proceedings or other matter before the Registrar within the time limit under the Act or specified by the Registrar for complying with that requirement,may request for the reinstatement of the right or thing, as the case may be, in accordance with paragraphs (2), (3) and (4).

shall be made by written request to the Registrar within 6 months starting on the date the right was abrogated or the thing ceased to be in force or to exist, as the case may be;

shall not be made unless —

[Deleted by S 403/2022 wef 26/05/2022](ii)the failure to comply with a time limit which led to —

the right being abrogated; or

the thing ceasing to be in force or to exist,was unintentional; and

where the omission, or the failure to comply with a time limit, relates to the filing of any document or thing, shall be accompanied by that document or thing not filed or not filed on time, as the case may be.

any claim to a right of priority under section 10 of the Act or rule 18(1); or

any right which has been abrogated or any thing which has ceased to be in force or to exist by reason of —

any acquiescence by a proprietor of an earlier trade mark or other earlier right under section 24 of the Act, or under section 24 of the Act read with rule 19 of the Trade Marks (International Registration) Rules (R 3);

a failure to comply with the time limit for —

any act under section 13 of the Act or Division 6 of Part II of these Rules, or under rule 13 or 14 of the Trade Marks (International Registration) Rules or rules 31A to 40 of these Rules read with rule 15 of the Trade Marks (International Registration) Rules, in any opposition proceedings;

any act under section 22 of the Act or Part VII of these Rules, or under section 22 of the Act and rules 57 to 60 of these Rules read with rule 18 of the Trade Marks (International Registration) Rules, in any proceedings for the revocation of the registration of a trade mark;

any act under section 23 of the Act or Part VII of these Rules, or under section 23 of the Act and rules 57 to 60 of these Rules read with rule 18 of the Trade Marks (International Registration) Rules, in any proceedings for a declaration of invalidity of the registration of a trade mark;

any act under section 67 of the Act or Part VII of these Rules in any proceedings for the rectification of an error or omission in the register, being proceedings commenced by any person other than the proprietor of a registered trade mark in respect of any information in the register relating to that trade mark;

the filing of a request under paragraph (2); (F)the filing of Form HC5 under rule 24(6)(a) or 67A(8)(a); or

the filing of a request under rule 77AA(2); or

a failure to pay the fee for the renewal or restoration of the registration of a trade mark under rule 49(3) or (4) or 53, as the case may be.