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

Subject to paragraphs (4) and (5), a party may apply to extend the period for the filing of a notice of opposition or a counter‑statement by filing with the Registrar Form HC3 —

where the application is for an extension of time to file a notice of opposition, within 2 months after the date of publication of the qualification of rights in rule 40(4); or

where the application 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.

The party applying for an extension of time under paragraph (1) —

must state the reason for the extension in the application; and

must, at the time of the application, serve on the other party a copy of the application.

The Registrar may refuse to grant an application under paragraph (1) if the party who applied for an extension of time —

fails to show a good and sufficient reason for the extension; or

fails to show to the Registrar’s satisfaction that a copy of the application has been served on the other party.

The total period starting on the day after the publication of the qualification of rights 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 applied for an extension of time —

whether the application is granted; and

if the application is granted, the length of the extension granted.

If the application 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 applied for an extension of time.

The other party may, not later than 2 weeks after receiving the notice in paragraph (7), apply in writing to the Registrar for the revocation of the extension on the ground that the party had not been served a copy of the application under paragraph (1).

Subject to paragraphs (4) and (5), a party may apply to extend the period for the filing of a notice of opposition or a counter‑statement by filing with the Registrar Form HC3 —

where the application is for an extension of time to file a notice of opposition, within 2 months after the date of publication of the qualification of rights in rule 40(4); or

where the application 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.

The party applying for an extension of time under paragraph (1) —

must state the reason for the extension in the application; and

must, at the time of the application, serve on the other party a copy of the application.

The Registrar may refuse to grant an application under paragraph (1) if the party who applied for an extension of time —

fails to show a good and sufficient reason for the extension; or

fails to show to the Registrar’s satisfaction that a copy of the application has been served on the other party.

The total period starting on the day after the publication of the qualification of rights 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.

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.

The Registrar must, by notice in writing, inform the party who applied for an extension of time —

whether the application is granted; and

if the application is granted, the length of the extension granted.

If the application 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 applied for an extension of time.

The other party may, not later than 2 weeks after receiving the notice in paragraph (7), apply in writing to the Registrar for the revocation of the extension on the ground that the party had not been served a copy of the application under paragraph (1).