Cynthia Amaro

This matter concerned an application by Cynthia Amaro for an extension of time to pay the sealing fee for trade mark application 972725. The application was made under section 224(3) of the relevant Act, which requires the existence of "special circumstances" to justify an extension. Ms. Amaro's application was supported by evidence detailing persistent and severe physical health problems from late 2004 until November 2006, which included hospitalisations and ongoing medical treatment. Additionally, the evidence noted the withdrawal of a prior, conflicting trade mark application for "PAPER DOLL" by Stephanelle Pty Limited, which followed Federal Court action initiated by Ms. Amaro. Ms. Amaro also provided evidence of her use of the "PAPER DOLL" trade mark on clothing and associated design services since at least May 2001.

The legal issue before the Hearing Officer was whether the circumstances presented by Ms. Amaro constituted "special circumstances" as contemplated by section 224(3) of the Act, thereby justifying the grant of an extension of time for the payment of the sealing fee. The application covered a period of 10 months, from December 2005 to October 2006. The Act provides for the Registrar to extend time for doing a required act if special circumstances exist, and such applications for extensions exceeding three months must be advertised for opposition.

The Hearing Officer reasoned that Ms. Amaro's documented severe health issues, which significantly impacted her ability to attend to administrative matters, constituted special circumstances. The successful Federal Court action against Stephanelle and the subsequent withdrawal of their conflicting trade mark application were also considered relevant factors. The application for extension of time was advertised in the Official Journal, and no opposition was filed during the prescribed period.

Exercising his discretion as a delegate of the Registrar, the Hearing Officer granted the extension of time for Ms. Amaro to pay the sealing fee. This decision revived trade mark application 972725, which had previously been accepted and passed through the opposition period. Consequently, upon payment of the sealing fee, the trade mark application could proceed immediately to registration, subject to an endorsement noting its revival from a lapsed status.