LM Sports Pty Ltd as Trustee for TJNL Enterprises Trust v the Racing League Pty Ltd

LM Sports Pty Ltd, as trustee for TJNL Enterprises Trust, opposed the registration of a trade mark application by The Racing League Pty Ltd. The Racing League Pty Ltd sought an extension of time to file its Notice of Intention to Defend the opposition. The matter came before Nicholas Barbey.

The court was required to determine whether to grant The Racing League Pty Ltd an extension of time to file its Notice of Intention to Defend. This involved considering the relevant provisions of the *Trade Marks Act 1995* (Cth) and the *Trade Marks Regulations 1995* (Cth), specifically sections 52A and regulations 5.13, 5.13A, and 5.13B. The core issue was whether the grounds presented by The Racing League Pty Ltd justified the exercise of the Registrar's discretion to grant an extension.

The court noted that section 52A of the Act requires an applicant to file a notice of intention to defend within a prescribed period, which is one month from being given a copy of the statement of grounds and particulars. Regulation 5.13A permits an application for an extension of time, but this must be made within two months of the expiry of the initial period and can only be based on an error or omission by the applicant, their agent, the Registrar, or an employee, or circumstances beyond the applicant's control. Regulation 5.13B clarifies that granting an extension is a discretionary power of the Registrar, requiring satisfaction that the grounds justify the extension and that the length of the extended period is reasonable. The Racing League Pty Ltd sought the extension on the basis of an alleged error or omission by an employee.