Brand New Clinic Pty Ltd v Luxe Clinic Pty Ltd

In the matter of *Brand New Clinic Pty Ltd v Luxe Clinic Pty Ltd*, the applicant, Brand New Clinic Pty Ltd, sought an extension of time to file a statement of grounds and particulars in opposition to a trade mark application by Luxe Clinic Pty Ltd. The application was heard by Timothy Brown.

The central legal issue before the court was whether Brand New Clinic Pty Ltd had established sufficient grounds to warrant an extension of time for filing its statement of grounds and particulars, pursuant to regulation 5.9 of the *Trade Marks Regulations 1995* (Cth). This regulation requires the applicant for an extension to demonstrate that the failure to file within the prescribed time was due to an error or omission or circumstances beyond its control.

Timothy Brown considered the evidence presented by Brand New Clinic Pty Ltd regarding the reasons for the delay. The court applied the principles governing extensions of time under regulation 5.9, which require a genuine demonstration of an error, omission, or circumstances outside the applicant's control that prevented timely filing. After reviewing the submissions and evidence, the court found that the circumstances presented did not meet the threshold required by the regulation.

Consequently, the application for an extension of time was refused.