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Part 2 · Registration of Geographical Indication

23. Extension of time for filing notice of objection or counter‑statement

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Amended

Last amended by an amending law of 2022.

(1)

A party may request to extend the period for the filing of a notice of objection 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 objection, within 6 weeks after the date of publication of the amendment in rule 19(1); or

(b)

where the request is for an extension of time to file a counter‑statement, within 6 weeks after the date of receipt of a copy of the notice of objection.

(2)

The request for an extension of time must state —

(a)

the length of the extension; and

(b)

the reason for the extension.

(3)

The party requesting an extension of time under paragraph (1) must serve on the other party a copy of the request at the same time the request is filed with the Registrar.

(4)

The other party may object to a request under paragraph (1) not later than 2 weeks after the date of receipt of a copy of the request.

(5)

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.

(6)

The Registrar may grant or refuse to grant the request without a hearing unless it appears to the Registrar that a hearing in accordance with rule 73(1) is required.

(7)

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.

(8)

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.

(9)

The other party may, not later than 2 weeks after receiving the notice in paragraph (8), 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).

Subregulation 1

A party may request to extend the period for the filing of a notice of objection 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 objection, within 6 weeks after the date of publication of the amendment in rule 19(1); or

(b)

where the request is for an extension of time to file a counter‑statement, within 6 weeks after the date of receipt of a copy of the notice of objection.

Subregulation 2

The request for an extension of time must state —

(a)

the length of the extension; and

(b)

the reason for the extension.

Subregulation 3

The party requesting an extension of time under paragraph (1) must serve on the other party a copy of the request at the same time the request is filed with the Registrar.

Subregulation 4

The other party may object to a request under paragraph (1) not later than 2 weeks after the date of receipt of a copy of the request.

Subregulation 5

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.

Subregulation 6

The Registrar may grant or refuse to grant the request without a hearing unless it appears to the Registrar that a hearing in accordance with rule 73(1) is required.

Subregulation 7

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.

Subregulation 8

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.

Subregulation 9

The other party may, not later than 2 weeks after receiving the notice in paragraph (8), 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).

Report

Part 3

Qualification of Rights

Part 4

Register

Part 5

Renewal of Registration of Geographical Indication

Part 6

Cancellation

Part 7

Evidence and Procedure

Part 8

Costs

Part 9

Extension of Time and Continued Processing

Part 9A

Electronic Online System

Part 10

Hours of Business and Excluded Days

Part 11

Miscellaneous

Schedules