Mrs Anne Brennan and Mr Paul Brennan v the Australian Olympic Committee

This matter concerns an application by The Australian Olympic Committee Incorporated (the AOC) for an extension of time to serve evidence in support of its opposition to a trade mark application filed by Mrs Anne Brennan and Mr Paul Brennan for the mark "OLYMPIAD THE GAME OF CHAMPIONS". The Brennans had applied to register the mark for board games in class 28. The AOC filed a notice of opposition within the prescribed time.

The legal issues before the delegate of the Registrar of Trade Marks were whether to grant the AOC a second three-month extension of time to serve its evidence in support of the opposition. The AOC sought this extension on the basis that negotiations were ongoing between the parties with a view to resolving the opposition, and that it wished to reserve its rights should these negotiations fail. The Brennans strongly objected to the extension, arguing that no genuine negotiations had taken place and that the AOC's proposals were unacceptable.

The delegate considered five criteria: the length of time already allowed, the reason for the extension, the seriousness of the opposition, the inconvenience to the parties, and the public interest. The delegate found that while the Brennans had experienced significant frustration and commercial difficulties due to the opposition, substantial negotiations had indeed occurred between the parties, albeit with proposals that the Brennans found unsatisfactory. The delegate noted that it is common practice to grant extensions when parties are engaged in genuine settlement discussions, as this avoids unnecessary expenditure on evidence preparation. The delegate also considered the seriousness of the opposition, which involved issues of proprietorship, distinctiveness, deceptive similarity, and contravention of Olympic insignia protection legislation, and concluded that these matters were of public interest and warranted full investigation.

On balance, the delegate determined that the AOC had justified its request for an extension of time. The delegate extended the time for the AOC to serve its evidence in support of the opposition to 25 July 1994. The delegate also awarded costs to the AOC.