Trade Marks Act 1995

If:

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

the Registrar subsequently extends the period within which the notice may be filed; and

a notice of opposition is filed within the extended period;

If:

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

the person failed to do a thing (the relevant thing):

that the person is required or permitted by the regulations to do in relation to the person’s opposition to the application; and

that is prescribed by the regulations for the purposes of this subparagraph; and

as a result of the person’s failure to do the relevant thing, the application is taken under the regulations to be unopposed; and

the Registrar removed the trade mark from the Register under paragraph 97(1)(a); and

the Registrar subsequently extends the period under the regulations within which the person is required or permitted to do the relevant thing; and

the person does the relevant thing within the extended period;

For file see section 6.