Facebook Inc v Romanoff Roman Borysovych

This matter concerned an application by the Holder for an extension of time to file evidence in answer in opposition proceedings before the Registrar of Trade Marks. The Holder sought this extension based on the alleged "exceptional circumstances" of their former solicitor, who had been responsible for preparing and filing the evidence. The opponent argued against the extension.

The central legal issues before the Hearing Officer were whether the former solicitor's circumstances constituted "exceptional circumstances" as contemplated by regulation 17A.34K(2)(b) of the Trade Marks Regulations 1995, and if so, whether these circumstances justified granting the extension of time for the Holder to file their evidence in answer. The Hearing Officer also considered whether the Holder had acted diligently and was unaware of the former solicitor's difficulties until March 2021.

The Hearing Officer reasoned that the former solicitor's medical condition and other factors had prevented him from competently carrying out his duties during a critical period, despite his best efforts. The Holder had relied on the former solicitor to manage deadlines and was unaware of these issues until March 2021. The Hearing Officer found that these circumstances were indeed exceptional and justified the extension.

The Hearing Officer granted the extension of time for the Holder to file their evidence in answer, noting that no further delay was expected and that the Registrar would benefit from the evidence. The Hearing Officer also awarded costs against the opponent in favour of the Holder, applying the general rule that costs follow the event.