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Extension of time for filing notice of opposition or counter‑statement

Geographical Indications Rules 2019

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—(1) Subject to paragraphs (4) and (5), a party may request to extend the period for the filing of a notice of opposition or a counter‑statement by filing with the Registrar Form HC3 —(a)where the request is for an extension of time to file a notice of opposition, within 2 months after the date of publication of the proposed cancellation mentioned in rule 65(5); or(b)where the request is for an extension of time to file a counter‑statement, within 2 months after the date of receipt of a copy of the notice of opposition.(2) The party requesting an extension of time under paragraph (1) — (a)must state the reason for the extension in the request; and(b)must, at the time of the request, serve on the other party a copy of the request.(3) The Registrar may refuse to grant a request under paragraph (1) if the party who requested an extension of time —(a)fails to show a good and sufficient reason for the extension; or(b)fails to show to the Registrar’s satisfaction that a copy of the request has been served on the other party.(4) The total period starting on the day after the publication of the proposed cancellation and ending on the date by which the notice of opposition must be filed (together with any extension granted under this rule) must not in any case exceed 4 months. (5) The total period starting on the day after the receipt of the notice of opposition and ending on the date by which the counter‑statement must be filed (together with any extension granted under this rule) must not in any case exceed 4 months.(6) The Registrar must, by notice in writing, inform the party who requested an extension of time —(a)whether the request is granted; and(b)if the request is granted, the length of the extension granted.(7) If the request under paragraph (1) is granted, the Registrar must, by notice in writing, inform the other party of the length of the extension granted to the party who requested an extension of time.(8) The other party may, not later than 2 weeks after receiving the notice in paragraph (7), apply in writing to the Registrar to revoke the extension on the ground that the party had not been served a copy of the request under paragraph (1).

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