Jan Becher Vyroba Lihovin, Narodni Podnik v Johann Becher oHG. Likorfabrik

This matter came before a delegate of the Registrar of Trade Marks concerning an objection by Johann Becher oHG. Likorfabrik (the opponent) to an application by Jan Becher Výroba Lihovin, Národni Podnik (the applicant) for an extension of time to lodge evidence in answer to an opposition to the registration of trade mark number 579418. The application was lodged in 1992 for goods including liqueurs and spirits. The opposition was lodged in March 1995, and the applicant's evidence in answer was due in December 1995. The applicant had previously been granted extensions totalling four months and sought a further three-month extension.

The legal issues before the delegate were whether a proper case had been made out for the further extension of time, the relative inconvenience to both parties if the extension were granted or refused, and the public interest. The delegate was required to consider the onus on the applicant to establish good reasons for the delay, the diligence with which the applicant had pursued the matter, and the potential impact on the opposition proceedings.

The delegate reasoned that the complexity of gathering evidence from the Czech Republic, compounded by the radical changes in its political and legal systems, constituted special circumstances justifying a degree of tolerance in granting extensions. The delegate found that the applicant's Australian attorneys were acting diligently and that the applicant was anxious to secure registration. Applying the principles from *Lyons (t/a Mitty’s Authorised Newsagency) v Registrar of Trade Marks*, the delegate considered the relative inconvenience to the parties and the public interest. The delegate concluded that the balance of convenience favoured granting the extension to allow for a full disclosure of facts and evidence, and that the public interest would be best served by this. The delegate found that the applicant had discharged its onus of establishing a "good reason" for the extension.

The delegate allowed the extension of time sought by the applicant and awarded costs to the applicant.