1. Introduction

Where issues are raised against an application for registration a compliance report will be sent to the applicant or the applicant’s agent providing them with a 12 month period in which to respond to those objections. Under regulation 62 of the Trade Marks Regulations 2003 the Commissioner may, at its discretion, grant one or more extensions of time for applicants or their agents to respond to a compliance report.

This practice guideline is intended to provide guidance to applicants and their agents on how the Commissioner’s discretion will be exercised when considering a request for an extension of time.

Each request for an extension of time will be considered on its own merits. As such, it would not be possible nor practical for this practice guideline to address every conceivable reason that could be submitted in support of a request for extension of time and whether such reasons would justify exercising the Commissioners discretion. Accordingly, this practice guideline should not be considered exhaustive, nor should it be interpreted as constraining the judgement and discretion of the Commissioner of Trade Marks in any way.