4.3.5 Procedure where the extension is likely to be declined

Where it seems likely that the Commissioner will decline a request for an extension of time, section 176 of the Act requires that the Commissioner must first give the applicant an opportunity to be heard on the matter.

IPONZ will write to the applicant, explaining why the request seems likely to be declined, and giving the applicant 10 working days in which to request a hearing¹⁰ before the Commissioner exercises his power to decline the extension of time request.

An extension of 10 working days will be granted to the deadline set in the Notice of Intention to Reject. This period equates to the stipulated period in which the applicant may request a hearing on the proposal to decline the extension request.

Where the applicant does request a hearing on the proposal to decline the extension of time or respond to the Notice of Intention to Reject Entry, Alteration or Removal of Memorandum on or prior to the expiry of the stipulated period, a further letter will issue that officially declines the extension of time request and rejects the entry, alteration or removal of the memorandum.

Footnotes

¹⁰ See section 208(3)(a) of the Trade Marks Act 2002.