4.3.4 Extensions of the deadline set in a notice

An applicant may request an extension of the time limit set in a Notice. Extensions of time will only be granted in those cases where genuine and exceptional reasons exist.⁹ A request for an extension of a time limit:

• Must be in writing;
• Must be received by IPONZ on or prior to the expiry of the deadline to which the extension of time request relates; and
• Must include reasons for the request.

On receipt of an application for an extension of time, the Commissioner will consider the request.

The onus is on the applicant to provide sufficient detail in its request for an extension of time to demonstrate the existence of genuine and exceptional reasons. Each extension of time request will be assessed on the basis of the information the applicant has provided in support of its request. Where the information provided by the applicant does not demonstrate the existence of genuine and exceptional reasons, the request will be declined.

The failure of an applicant to instruct its agent in a timely manner on how to proceed will not generally be considered an exceptional reason.

The comment “such additional further reasons/information as the Commissioner may request” (or similar) should not be included in a request for an extension of time. The onus is on the applicant to provide sufficient information in support of its request at the time that the request for an extension of time is made.

Where an applicant is applying for an extension of the deadline set in a Notice, the applicant should provide detailed information, such as a chronology of events, to explain why it has not been able, despite its best efforts, to request a hearing within the deadline set in the Notice.

Footnotes

⁹ See regulation 32 of the Trade Marks Regulations 2003.