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Part 6 · Trade Marks Act 1998

68. References by Registrar to Court — application to be made after reference

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(1)

Where the Registrar refers to the Court an application made to the Registrar under the Act —

(a)

the applicant must make the same application to the Court within the period mentioned in paragraph (2); and

(b)

if the applicant fails to do so, the applicant is treated as having abandoned the application.

(2)

For the purposes of paragraph (1) —

(a)

the period is one month after the applicant is notified of the Registrar’s decision to refer; but(b)the period may be extended by the Registrar on the application of any interested party (which application may be made before or after the expiration of that month).

(3)

Paragraph (2) does not affect the power of the Court to extend time under Order 3, Rule 4 of the Rules of Court.

Subregulation 1

Where the Registrar refers to the Court an application made to the Registrar under the Act —

(a)

the applicant must make the same application to the Court within the period mentioned in paragraph (2); and

(b)

if the applicant fails to do so, the applicant is treated as having abandoned the application.

Subregulation 2

For the purposes of paragraph (1) —

(a)

the period is one month after the applicant is notified of the Registrar’s decision to refer; but(b)the period may be extended by the Registrar on the application of any interested party (which application may be made before or after the expiration of that month).

Subregulation 3

Paragraph (2) does not affect the power of the Court to extend time under Order 3, Rule 4 of the Rules of Court.

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