PART XI
EXTENSION OF TIME AND REINSTATEMENT OF APPLICATIONS, RIGHTS AND THINGS
Request for extension of time
77.—(1)  Subject to paragraph (6), any period of time —
(a)prescribed by these Rules; or
(b)specified by the Registrar for doing any act or taking any proceedings,
may, at the request of the person or party concerned, be extended by the Registrar by such period and upon such terms as the Registrar considers fit.
[S 22/2017 wef 31/01/2017]
(1A)  A request for an extension of time under paragraph (1) —
(a)in a case where the request relates to any ex parte proceedings not mentioned in sub‑paragraph (b), must be made by filing with the Registrar Form CM5 before the expiry of the period of time in question;
(b)in a case where the request relates to an extension of the period of time specified in rule 24(4), must be made by filing with the Registrar Form HC3 before the expiry of that period of time; or
(c)in a case where the request relates to any inter partes proceedings, must be made by filing with the Registrar Form HC3 before the expiry of the period of time in question.
[S 22/2017 wef 31/01/2017]
(1B)  A request for an extension of time mentioned in paragraph (1A)(c) must state —
(a)the period of extension requested;
(b)the reason for the extension; and
(c)the name and address of every person likely to be affected by the extension.
[S 22/2017 wef 31/01/2017]
(1C)  A person making a request mentioned in paragraph (1A)(c) must serve a copy of the request on each party, and on each person likely to be affected by the extension of time, at the time the request is filed with the Registrar.
[S 22/2017 wef 31/01/2017]
(1D)  Any party or any person likely to be affected by the extension of time may submit an objection to the request for extension of time not later than 2 weeks after the receipt of a copy of the request mentioned in paragraph (1A)(c).
[S 22/2017 wef 31/01/2017]
(2)  The Registrar may refuse to grant an extension of time if the person requesting the extension —
(a)fails to show a good and sufficient reason for the extension; or
(b)in the case of a request mentioned in paragraph (1A)(c), fails to show to the Registrar’s satisfaction that the request for extension has been served on each party and on each person likely to be affected by the extension.
[S 22/2017 wef 31/01/2017]
(3)  The Registrar may grant or refuse an extension of time mentioned in paragraph (1A)(a), (b) or (c) without having to conduct a hearing in accordance with rule 67A.
[S 22/2017 wef 31/01/2017]
(4)  Upon granting an extension of time mentioned in paragraph (1A)(c), the Registrar must send a notification of the extension to each party and each person mentioned in paragraph (1B)(c).
[S 22/2017 wef 31/01/2017]
(5)  Any party or any person likely to be affected by the extension of time mentioned in paragraph (1A)(c) may, not later than 2 weeks after receiving the Registrar’s notification of the extension, apply in writing to the Registrar to revoke the extension on the ground that the request mentioned in paragraph (1A)(c) had not been served on that party or that person (as the case may be).
[S 22/2017 wef 31/01/2017]
(6)  Paragraphs (1) to (5) shall not apply to the following matters:
(a)the remedying of a deficiency under rule 21;
(aa)the filing of a notice of opposition to an amendment of an application which has been published under rule 23(2);
(ab)the filing of a counter‑statement in response to a notice of opposition to an amendment of an application for registration which has been published, under rule 31 read with rule 23(4);
[S 743/2014 wef 13/11/2014]
(ac)the filing of a request for the Registrar’s grounds of decision under rule 24(6)(a) or 67A(8)(a);
[S 743/2014 wef 13/11/2014]
(b)the filing of a notice of opposition under rule 29;
(c)the filing of a counter-statement under rule 31;
(ca)the filing of any statutory declaration under rule 31A, 32, 33 or 34;
[S 22/2017 wef 31/01/2017]
(d)the filing of a notice of opposition to the removal of any matter from the register under rule 46(2);
(e)the doing of any act referred to in rule 49;
[S 743/2014 wef 13/11/2014]
(f)the filing of an application for the restoration of a registration under rule 53(1);
(g)[Deleted by S 743/2014 wef 13/11/2014]
(h)[Deleted by S 743/2014 wef 13/11/2014]
(i)the filing of a notice opposing the alteration of a registered trade mark under rule 56(4);
(j)the filing of a counter-statement to a notice referred to in sub-paragraph (i);
(k)the filing of a counter-statement to an application for revocation or declaration of invalidity of the registration of a trade mark, or rectification of the register under rule 58;
(l)the filing of a notice opposing the registration of a collective mark or certification mark under rule 65;
(m)the filing of a counter-statement to a notice referred to in sub-paragraph (l);
(n)the filing of a notice of opposition to an amendment to regulations governing the use of a registered collective or certification mark under rule 66A(1);
(o)the filing of a counter-statement to a notice referred to in sub-paragraph (n);
(oa)the filing of an application under rule 77B(2) for the reinstatement of an application treated as withdrawn;
(p)the filing of a notice of opposition in respect of a pending application for registration referred to in rule 87; and
(q)the filing of a counter-statement to a notice referred to in sub-paragraph (p).
(7)  This rule as in force immediately before 13 November 2014 shall continue to apply to any request made before that date under this rule for an extension of time.
[S 743/2014 wef 13/11/2014]
(8)  Notwithstanding paragraph (7), any request made by a person or party concerned before 13 November 2014 under this rule as in force immediately before that date, for the extension of a particular period of time (whether prescribed by these Rules or specified by the Registrar) for doing any act or taking any proceedings, shall be taken into account for the purpose of determining the fee payable under paragraph (3)(c) for any request for a further extension of that period made by that person or party on or after that date under this rule.
[S 743/2014 wef 13/11/2014]
Where non-compliance with time caused by act of person employed in Registry
77A.—(1)  Where, by reason of an act or omission of any person employed in the Registry, an act or step in relation to an application for the registration of a trade mark or any other proceedings before the Registrar, required to be done or taken within a period of time, has not been so done or taken, the Registrar may, notwithstanding the provisions of these Rules, extend the period for doing the act or taking the step by such period as the Registrar considers fit.
(2)  Notwithstanding the provisions of these Rules, the period of time for doing an act or taking a step under paragraph (1) may be extended although the period has expired.
Reinstatement of application, right or thing
77B.—(1)  Any person whose —
(a)application is treated as withdrawn; or
(b)right has been abrogated, or thing has ceased to be in force or to exist, by reason that he has failed to comply with any procedural requirement in any proceedings or other matter before the Registrar within the time limit under the Act or specified by the Registrar for complying with that requirement,
may request for the reinstatement of the application, right or thing, as the case may be, in accordance with paragraphs (2), (3) and (4).
(2)  A request for the reinstatement of any application, right or thing referred to in paragraph (1) —
(a)shall be made in Form CM13 and filed with the Registrar within 6 months after the date the application was treated as withdrawn, the right was abrogated or the thing ceased to be in force or to exist, as the case may be;
[S 743/2014 wef 13/11/2014]
(b)shall not be made unless —
(i)the omission which led to the application being treated as withdrawn was unintentional; or
(ii)the failure to comply with a time limit which led to —
(A)the right being abrogated; or
(B)the thing ceasing to be in force or to exist,
was unintentional; and
[S 743/2014 wef 13/11/2014]
(c)where the omission, or the failure to comply with a time limit, relates to the filing of any document or thing, shall be accompanied by that document or thing not filed or not filed on time, as the case may be.
(3)  Subject to paragraph (4), where a request is filed under paragraph (2), the Registrar shall allow the reinstatement unless there is a good and sufficient reason to refuse the request.
(4)  The Registrar shall not allow the reinstatement unless paragraph (2) is complied with.
(5)  Paragraphs (1) to (4) do not allow the reinstatement of —
(a)any claim to a right of priority under section 10 of the Act or rule 18(1); or
(b)any application which is treated as withdrawn, any right which has been abrogated or any thing which has ceased to be in force or to exist by reason of —
(i)any acquiescence by a proprietor of an earlier trade mark or other earlier right under section 24 of the Act, or under section 24 of the Act read with rule 19 of the Trade Marks (International Registration) Rules (R 3);
(ii)a failure to comply with the time limit for —
(A)any act under section 13 of the Act or Division 6 of Part II of these Rules, or under rule 13 or 14 of the Trade Marks (International Registration) Rules or rules 31A to 40 of these Rules read with rule 15 of the Trade Marks (International Registration) Rules, in any opposition proceedings;
[S 22/2017 wef 31/01/2017]
(B)any act under section 22 of the Act or Part VII of these Rules, or under section 22 of the Act and rules 57 to 60 of these Rules read with rule 18 of the Trade Marks (International Registration) Rules, in any proceedings for the revocation of the registration of a trade mark;
(C)any act under section 23 of the Act or Part VII of these Rules, or under section 23 of the Act and rules 57 to 60 of these Rules read with rule 18 of the Trade Marks (International Registration) Rules, in any proceedings for a declaration of invalidity of the registration of a trade mark;
(D)any act under section 67 of the Act or Part VII of these Rules in any proceedings for the rectification of an error or omission in the register, being proceedings commenced by any person other than the proprietor of a registered trade mark in respect of any information in the register relating to that trade mark;
(E)the filing of a request under paragraph (2); or
(F)the filing of Form HC5 under rule 24(6)(a) or 67A(8)(a); or
[S 743/2014 wef 13/11/2014]
(iii)a failure to pay the fee for the renewal or restoration of the registration of a trade mark under rule 49(3) or (4) or 53, as the case may be.
[S 743/2014 wef 13/11/2014]
Extension of time limits in special circumstances
77C.—(1)  Despite anything in these Rules, where the Registrar is of the opinion that there are —
(a)circumstances beyond the control of a party concerned; or
(b)other special circumstances,
the Registrar may, before the expiration of the period of time prescribed or allowed by or under these Rules for —
(c)the giving, sending, filing or serving of any notice, application or other document; or
(d)the doing of any act,
extend that period for one or more periods of time, and subject to conditions, as the Registrar thinks fit.
(2)  Paragraph (1) does not apply where the Act specifies the circumstances in which the period of time for any matter referred to in paragraph (1)(c) or (d) may be extended.
[S 433/2020 wef 05/06/2020]
Change of commencement date of period for filing evidence
78.  Where the period within which any party to any proceedings before the Registrar may file evidence under these Rules is to begin upon the expiry of any period in which any other party may file evidence and that other party notifies the Registrar that he does not wish to file any, or any further, evidence, the Registrar may direct that the period within which the first-mentioned party may file evidence shall begin on such date as may be specified in the direction, and the Registrar shall notify all parties to the dispute of that date.