- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Trade Marks Rules 2008, Cross Heading: Correction of irregularities, calculation and extension of time.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
74.—(1) Subject to rule 77, the registrar may authorise the rectification of any irregularity in procedure (including the rectification of any document filed) connected with any proceeding or other matter before the registrar or the Office.
(2) Any rectification made under paragraph (1) shall be made—
(a)after giving the parties such notice; and
(b)subject to such conditions,
as the registrar may direct.
75.—(1) The registrar may certify any day as an interrupted day where—
(a)there is an event or circumstance causing an interruption in the normal operation of the Office; or
(b)there is a general interruption or subsequent dislocation in the postal services of the United Kingdom.
(2) Any certificate of the registrar made under paragraph (1) shall be displayed in the Office and published on the Office website.
(3) The registrar shall, where the time for doing anything under these Rules expires on an interrupted day, extend that time to the next following day not being an interrupted day (or an excluded day).
(4) In this rule—
“excluded day” means a day which is not a business day as specified in a direction given by the registrar under section 80; and
“interrupted day” means a day which has been certified as such under paragraph (1).
76.—(1) The registrar shall extend any time limit in these Rules where the registrar is satisfied that the failure to do something under these Rules was wholly or mainly attributed to a delay in, or failure of, a communication service.
(2) Any extension under paragraph (1) shall be—
(a)made after giving the parties such notice; and
(b)subject to such conditions,
as the registrar may direct.
(3) In this rule “communication service” means a service by which documents may be sent and delivered and includes post, facsimile, email and courier.
77.—(1) Subject to paragraphs (4) and (5), the registrar may, at the request of the person or party concerned or at the registrar’s own initiative extend a time or period prescribed by these Rules or a time or period specified by the registrar for doing any act and any extension under this paragraph shall be made subject to such conditions as the registrar may direct.
(2) A request for extension under this rule may be made before or after the time or period in question has expired and shall be made—
(a)where the application for registration has not been published and the request for an extension [F1relates to a time or period other than one specified under rule 13 and] is made before the time or period in question has expired, in writing; and
(b)in any other case, on Form TM9.
(3) Where an extension under paragraph (1) is requested in relation to proceedings before the registrar, the party seeking the extension shall send a copy of the request to every other person who is a party to the proceedings.
(4) The registrar shall extend a flexible time limit, except a time or period which applies in relation to proceedings before the registrar or the filing of an appeal to the Appointed Person under rule 71, where—
(a)the request for extension is made before the end of the period of two months [F2beginning immediately after] the date the relevant time or period expired; and
(b)no previous request has been made under this paragraph.
(5) A time limit listed in Schedule 1 (whether it has already expired or not) may be extended under paragraph (1) if, and only if—
(a)the irregularity or prospective irregularity is attributable, wholly or in part, to a default, omission or other error by the registrar, the Office or the International Bureau; and
(b)it appears to the registrar that the irregularity should be rectified.
(6) In this rule—
“flexible time limit” means—
a time or period prescribed by these Rules, except a time or period prescribed by the rules listed in Schedule 1, or
a time or period specified by the registrar for doing any act or taking any proceedings; and
“proceedings before the registrar” means any dispute between two or more parties relating to a matter before the registrar in connection with a trade mark.
Textual Amendments
F1Words in rule 77(2)(a) inserted (1.10.2009) by The Trade Marks and Trade Marks and Patents (Fees) (Amendment) Rules 2009 (S.I. 2009/2089), rules 2, 13
F2Words in rule 77(4)(a) substituted (31.3.2013) by The Trade Marks and Registered Designs (Amendment) Rules 2013 (S.I. 2013/444), rules 1, 4, Sch. 1 (with rule 8)
Commencement Information
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: