4.5 Extensions of the deadline in the notice

An applicant may request an extension of the time limit set in a Notice of Proposal to Reject Rectification. Extensions of time will only be granted in those cases where genuine and exceptional reasons exist.¹⁹ 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.

Footnotes

¹⁹ Regulation 32 of the Trade Marks Regulations 2003.