81A.—(1) Notwithstanding anything in these Rules, at any stage of any application to or proceedings before the Registrar, the Registrar may direct the applicant or parties to attend a case management conference in order that the Registrar may make such order or give such direction as he thinks fit for the just, expeditious and economical disposal of the matter.
(2) At a case management conference, the Registrar may —
(a)
consider any matter, including the possibility of settlement of any or all of the issues in the application or proceedings; and
(b)
direct the parties to furnish the Registrar with such information as the Registrar may require.
(3) If any party fails to comply with any direction or order given under paragraph (1) or (2), the Registrar may —
(a)
where that direction or order was given in relation to any application or proceedings initiated by that party, dismiss the application or proceedings, as the case may be; or
(b)
make such other order as the Registrar thinks fit.
(4) Any direction given or order made by the Registrar under paragraph (1), (2) or (3) may be set aside or varied by the Registrar on such terms as the Registrar thinks fit.
(5) If, during or pursuant to a case management conference, the parties are agreeable to a settlement of all or some of the matters in dispute in any application or proceedings, the Registrar may —
(a)
give the Registrar’s decision in relation to the application or proceedings; or
(b)
make such order as the Registrar thinks just to give effect to the settlement.
(6) If any party does not appear at a case management conference, the Registrar may —
(a)
where the case management conference pertains to any application or proceedings initiated by that party, dismiss the application or proceedings, as the case may be;
(b)
make such other order as the Registrar thinks fit; or
(c)
adjourn the case management conference.
(7) An order made by the Registrar in the absence of a party under paragraph (6) may be set aside by the Registrar, on the application of that party, on such terms as the Registrar thinks fit.
(8) Any application or proceedings dismissed under paragraph (3) or (6) may, on application of any party, be restored on the direction of the Registrar.
[S 743/2014 wef 13/11/2014]
Production of documents, information or evidence
81B. Notwithstanding anything in these Rules, at any stage of any application to or proceedings before the Registrar, the Registrar may direct the applicant or any party to produce or file, within such period as the Registrar may specify, any document, information or evidence which the Registrar may reasonably require.
Appeal
82. The following decisions of the Registrar are subject to appeal to the Court:
(a)
a decision referred to in rule 38; and
(b)
a decision in opposition proceedings under rule 46, 56, 65 or 66A.
Irregularities
83. Any irregularity in procedure which, in the opinion of the Registrar, is not detrimental to the interests of any person or party may be corrected on such terms as the Registrar may direct.
Correction of errors
84.—(1) A request for the correction of an error or a mistake must —
(a)
in the case of an error or a mistake referred to in section 14(3)(b) or (c) of the Act, be made in Form TM 27; or
(b)
in the case of an error or a mistake referred to in section 25(a) of the Act, be made in Form CM4.
(2) For the purposes of paragraph (1), the correction must be clearly identified on a document filed together with the form or on the form itself.
(3) The Registrar may call for such written explanation of the reasons for the request or evidence in support of the request as the Registrar may require in order to be satisfied that there is an error or a mistake.
(4) Paragraph (1) shall not apply to the correction of an error of translation or transcription or of a clerical error or mistake in —
(a)
any document filed in inter partes proceedings under —
(i)
rule 23;
(ii)
any of rules 29(2) to (8) and 31 to 37, as applied by rule 23(4);
(iii)
any of rules 29 to 37;
(iv)
rule 56(4);
(v)
any of rules 29(2) to (8) and 31 to 37, as applied by rule 56(6);
(vi)
rule 57 or 58;
(vii)
any of rules 32 to 37, as applied by rule 59;
(viii)
rule 60;
(ix)
rule 65 or 66A;
(x)
any of rules 29 to 37, as applied by rule 65(1);
(xi)
any of rules 29(3) to (8) and 31 to 37, as applied by rule 66A(3); or
(xii)
rule 67A(3) or (4), 72, 73, 76 or 77(1);
(b)
any form filed under rule 67A(1) or (8); or
(c)
any form filed for an application under rule 24(2)(b) or for a request under rule 24(6)(a).
(5) A request for the correction of an error in respect of any proceedings referred to in paragraph (4)(a) shall be made to the Registrar in writing.
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Application to Court
85. A person who makes an application to the Court under the Act shall as soon as practicable file a copy of the application with the Registrar.
Order of Court
86.—(1) Where an order is made by the Court or any other competent authority in any matter under the Act, the person, or one of the persons, in whose favour the order is made shall as soon as practicable file a copy of the order with the Registrar.
[S 743/2014 wef 13/11/2014]
(2) [Deleted by S 743/2014 wef 13/11/2014]
(3) If the order is to rectify or alter the register, the Registrar shall rectify or alter the register in accordance with such order.
[S 743/2014 wef 13/11/2014]
Trade Marks Journal
86A.—(1) The Registrar shall publish a journal, to be called the Trade Marks Journal, which shall contain —
(a)
all matters that are required to be published in that Journal under rules 23(1), 26(1) and 56(3); and
[S 743/2014 wef 13/11/2014]
(b)
[Deleted by S 743/2014 wef 13/11/2014]
(c)
such other information as the Registrar thinks fit.
(2) The Trade Marks Journal shall be published weekly, unless the Registrar otherwise directs.