98Trade mark restored to Register in certain circumstances

98 Trade mark restored to Register in certain circumstances

(1) If: (a) the Registrar has removed a trade mark from the Register under subsection 97(1) because no notice of opposition was filed within the period provided under the regulations; and (b) the Registrar subsequently extends the period within which the notice may be filed; and (c) a notice of opposition is filed within the extended period; the Registrar must restore the trade mark to the Register. Also, the trade mark is taken not to have been removed from the Register. (2) If: (a) a person filed a notice of opposition under subsection 96(1) to an application for the removal of a trade mark from the Register; and (b) the person failed to do a thing (the relevant thing): (i) that the person is required or permitted by the regulations to do in relation to the person’s opposition to the application; and (ii) that is prescribed by the regulations for the purposes of this subparagraph; and (c) as a result of the person’s failure to do the relevant thing, the application is taken under the regulations to be unopposed; and (d) the Registrar removed the trade mark from the Register under paragraph 97(1)(a); and (e) the Registrar subsequently extends the period under the regulations within which the person is required or permitted to do the relevant thing; and (f) the person does the relevant thing within the extended period; the Registrar must restore the trade mark to the Register. Also, the trade mark is taken not to have been removed from the Register.

Note: For file see section 6.