80 to the registered proprietor and each registered user (not being the applicant) under
the registration of the trade or service mark. Any person so notified who intends to
intervene in the proceedings shall within thirty days of the receipt of such notification
give notice to the Registrar on Form TM/SM 35 to that effect and shall send therewith a
statement of the grounds of his intervention. The Registrar shall thereupon send copies
of such notice and statement to the other parties, so that the intervention be known to
the applicant, the registered proprietor, the registered user who intervenes.
(2) Subject to subregulation (1) any such party may, within such time or times as
the Registrar may appoint, leave evidence in support of his case, and the Registrar after
giving the parties an opportunity of being heard may accept or refuse the application or
accept it subject to any conditions, amendments, modification or limitations he may think
right to impose.
82.
Omitted
[Omitted.]
83. Extension of time
If in any particular case the Registrar is satisfied that the circumstances are such
as to justify an extension of the time for doing any act or taking any proceeding under
these Regulations not being a time expressly provided in the Act he may extend the time
upon such notice to other parties and proceedings thereon, and upon such terms as he
may direct, and the extension may be granted though the time has expired for doing the
act or taking the proceedings.
84. Hearing
Before exercising adversely to any person any discretionary power given to the
Registrar by the Act, or these Regulations, the Registrar shall, if so required, hear such
person thereon.
85. Application for hearing
An application for a hearing shall be made within one month 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.
86. Notice of hearing
Upon receiving such application the Registrar shall give the person applying
thirty days notice of a time when he may be heard.
87. Notification of decision
The decision of the Registrar in the exercise of any such discretionary power
shall be notified to the person affected.
88. Dispensing with evidence
Where under these Regulations any person is required to do any act or thing, or
to sign any document, or to make any declaration on behalf of himself or of any body
corporate, or any document or evidence is required to the office, and it is shown to the
satisfaction of the Registrar that from any reasonable cause such person is unable to do
such act or thing, or to sign such document, or to make such declaration, or that such
document or evidence cannot be produced or left as aforesaid, it shall be lawful for the
Registrar, upon the production of such other evidence, and subject to such terms as he
may think fit, to dispense with any such act or thing, signature, declaration, document or
evidence.
89. Amendment of documents
Any document or drawing or other representation of a mark may be amended,
and any irregularity in procedure which in the opinion of the Registrar may be excused
without detriment to the interests of any person may be corrected, if the Registrar thinks
fit, and on such terms as he may direct.