Rev. 2009]
Trade Marks
CAP. 506
the time for doing any act or taking any proceedings under these Rules.
87
[Subsidiary]
L.N. 146/2003.
(2) The Registrar may not extend a time expressly provided in the Act,
other than the period prescribed under subsection (6) or (7) of section 25 of
the Act.
(3) A time limit may not be extended for a period exceeding ninety days,
except for a time period prescribed by rule 76 which may be extended for a
period not exceeding six months.
(4) An application to the Registrar for an extension of time under
paragraph (1) shall be in form TM 53 and shall be filed with the Registrar.
based.
(5) The application shall state the grounds on which the application is
(6) An application for an extension of time may be made even though
the time has already expired.
(7) The application shall be dealt with upon such notice, and in accordance
with such procedures, as the Registrar may direct.
Discretionary Power
103. Before exercising adversely to any person any discretionary power Hearing.
given to the Registrar by the Act or these Rules, the Registrar shall, if so required,
hear that person thereon.
104. An application for a hearing shall be made within thirty days from the
date of notification by the Registrar of any objection to an application or the date
of any other indication that he proposes to exercise a discretionary power.
Application for
hearing.
L.N. 146/2003.
105. (1) Upon receiving such application, the Registrar shall give the Notice of hearing
person applying fourteen days’ notice of a time when he may be heard.
(2) Within seven days from the date when the notice would be delivered
in the ordinary course of post, the person applying shall notify the Registrar
whether or not he intends to be heard on the matter, and if he intends to appear
he shall file form TM 8 and pay the prescribed fee thereon.
106. The decision of the Registrar in the exercise of any such discretionary
power shall be notified to the person affected.
Notification of
decision.
Power to Dispense with Evidence
107. Where under these Rules a person is required to do any act or thing, Dispensing with
or to sign any document, or to make any declaration on behalf of himself or of evidence.
any body corporate, or any document or evidence is required to be produced to
or left with the Registrar, or at the office, and it is shown to the satisfaction of the
Registrar that from any reasonable cause that person is unable to do the act or
thing, or to sign the document, or to make the declaration, or that the document
or evidence cannot be produced or left, the Registrar may, upon the production