Cat Media Pty Ltd v Apex Marketing Group LLC

This matter concerned an opposition to an application for an extension of time for the final registration of a trade mark, heard by a delegate of the Registrar of Trade Marks. The applicant was Apex Marketing Group LLC, and the opponent was Cat Media Pty Ltd. Apex sought an extension of time to complete the registration process for the trade mark HAIR NO MORE, while Cat Media opposed this extension.

The primary legal issue before the delegate was whether to grant Apex's application for an extension of time under section 224 of the *Trade Marks Act 1995* (Cth). This required the delegate to consider whether the delay in completing the registration was due to an error, omission, or circumstances beyond Apex's control. The delegate also had to assess the length of the requested extension, the sufficiency of the reasons provided, whether a proper case had been made out, and the relative inconvenience to the parties and the public interest.

In reaching a decision, the delegate noted that a prior decision had established Apex as the owner of the trade mark HAIR NO MORE in Australia. Applying the principles from relevant case law, the delegate balanced the competing interests. The delegate found that Cat Media, not being the owner of the trade mark, could not be disadvantaged by its registration. Furthermore, the delegate considered it to be in the public interest to ensure the Register accurately reflected trade mark ownership with minimal expense. Consequently, the delegate allowed Apex's application, extending the date for final registration to 16 May 2005, and awarded Apex its costs.