Julie Tarte v Snowflake Designs, Inc

This matter came before Katrina Brown, hearing the application as a delegate of the Registrar of Trade Marks. The dispute concerned an application for an extension of time to file evidence in relation to a trade mark opposition. The Removal Applicant was represented by Blake Knowles of Spruson & Ferguson, and the Removal Opponent was represented by Sam Wilson of CCS Legal Pty Ltd.

The primary legal issue before the delegate was whether to grant the Removal Opponent an extension of time to file evidence, pursuant to Regulation 9.18 of the relevant regulations. This required the delegate to determine if the Removal Opponent had made all reasonable efforts to comply with filing requirements and was unable to do so despite acting promptly and diligently, or if there were exceptional circumstances justifying an extension.

The delegate considered the Tarte Declaration, which detailed the Removal Opponent's attempts to secure new legal representation after their previous solicitors withdrew. The declaration highlighted difficulties in obtaining timely advice and instructions, including the unavailability of a new attorney until 2 July 2018 and a subsequent delay in receiving a fee agreement. The delegate noted that Regulation 9.18(4) defines "exceptional circumstances" to include situations beyond a party's control that prevent compliance with filing requirements. The delegate found that the circumstances described, including the withdrawal of legal representation and the subsequent efforts to engage new counsel, constituted exceptional circumstances justifying an extension of time.

The delegate ordered that the period for filing evidence be extended.