LEGAL PRINCIPLE: INTELLECTUAL PROPERTY LAW – Trade Marks – Registrar’s Discretion to Extend Time Under Regulation 52 Despite Default
PRINCIPLE STATEMENT
Under Regulation 52, where an opponent fails to file a statutory declaration, he is deemed to have abandoned his opposition unless the Registrar otherwise directs. The Registrar has discretion to extend time and direct otherwise, even if the order is inelegantly worded.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Nabisco Inc. v. Allied Biscuits Company Ltd. (1998) NLC-2571990(SC) at p. 6; Paras A–B.
"Where an opponent as in this case failed to file a statutory declaration as provided in Regulation 52, by virtue of Regulation 52, he is deemed to have abandoned his opposition unless the Registrar otherwise directs… The above order of the Registrar though badly and inelegantly worded, was in exercise of the discretion conferred on him by Regulation 52."
EXPLANATION / SCOPE
The Registrar has discretion to extend time in trade mark opposition proceedings. The discretion may be exercised even after default. The principle applies to proceedings under the Trade Marks Act. The court will not interfere with the Registrar’s discretion unless it is manifestly wrong. The rule promotes efficient administration. The Registrar may “otherwise direct” under Regulation 52. The order need not be perfectly worded; substance matters. The principle protects the Registrar’s authority. The court will respect the Registrar’s expertise.