Forrester & Ca., S.A v Forrester & Ca., S.A

This decision concerns an application for an extension of time to file a notice of opposition in trade mark proceedings before Deirdre O'Brien of the Trade Marks Hearings. The applicant sought this extension after the period for filing the notice of opposition had expired.

The primary legal issue before the Registrar was whether to grant the extension of time, which required being reasonably satisfied that there was a sufficient reason for the application not being made before the expiry of the opposition period. This was to be considered in light of regulation 5.4(4) of the relevant regulations and the principle that such applications should follow as soon as possible after the discovery of the error or omission.

The Registrar was satisfied that the opponent's Australian agent had applied for the extension as soon as possible after receiving instructions, thereby meeting the requirements of regulation 5.4(4) and the principle articulated by Justice Jenkinson. Consequently, the Registrar granted the extension of time, deeming the Notice of Opposition to be properly filed on 2 March 2006. Regarding costs, the Registrar declined to award costs against the opponent, attributing the applicant's situation to a breakdown in official procedure rather than the opponent's actions, and also declined to award costs against the applicant, noting the hearing was requested by the opponent.