F.H. Faulding & Co v Laboratoire Garnier

Laboratoire Garnier & Cie ("Garnier") applied to register the trade mark NEUTRALIA for hair, cosmetic, and toiletry products. F.H. Faulding & Co ("the opponent") opposed this application. The matter before the delegate of the Registrar of Trade Marks concerned Garnier's application for a further extension of time to serve its evidence in answer to the opposition.

The delegate was required to determine whether to grant Garnier's application for a three-month extension of time to serve its evidence in answer to the opposition. This determination was to be made under sub-regulation 5.15 of the Trade Marks Regulations, which governs applications for extensions of time in opposition proceedings. The delegate also had to consider the relevant legal principles and the circumstances of the case, including the significant delays that had already occurred.

The delegate reasoned that extensions of time for serving evidence in opposition proceedings are not a matter of right and require the applicant to justify the exercise of discretion in their favour. The delegate noted that Garnier, as the trade mark applicant, bore a higher onus to justify the delay, and the public interest in preventing a bad registration was not relevant in this context. The delegate found that Garnier's prolonged reliance on negotiations, without preparing or serving evidence, called into question its genuine desire to obtain registration. Furthermore, the delegate considered that granting further time would be contrary to administrative efficiency, given the extensive resources already expended by the Trade Marks Office in processing Garnier's numerous extension requests.

Consequently, the delegate refused Garnier's application for an extension of time to serve its evidence in answer to the opposition.