NCL Corporation Ltd. v Norwegian Brand Ltd

This matter concerned an application by NCL Corporation Ltd. (the Opponent) for an extension of time to file evidence in support of its opposition to a trade mark application by Norwegian Brand Ltd. (the Holder). The decision was made by Nicholas Smith, a Hearing Officer in the Trade Marks and Designs section. The core of the dispute revolved around the Opponent's delay in filing its evidence and whether the Registrar should exercise discretion to consider this evidence despite the missed deadline.

The legal issues before the court were whether to grant the Opponent's request for an extension of time to file its evidence in support of the opposition, and, in the alternative, whether to exercise discretion under Regulation 21.19 of the relevant Regulations to have regard to the Opponent's evidence despite the failure to meet the original deadline. The court was required to assess the reasons provided for the delay and the potential prejudice to the parties.

The Hearing Officer noted that while the Opponent's representative had acted promptly, the Opponent itself had not provided sufficient explanation for the significant delay in preparing its evidence between May and September 2019, despite being involved in numerous similar disputes globally. However, the Hearing Officer ultimately exercised discretion under Regulation 21.19. This decision was based on the public interest in avoiding further unnecessary hearings and delaying the final resolution of the substantive opposition. The Hearing Officer considered that allowing the Opponent's evidence would cause little inconvenience to the Holder, who would be given an opportunity to respond.

Consequently, the request for an extension of time under Regulation 17A.34K was refused. However, the Hearing Officer allowed the material comprising the Opponent's Evidence in Support, specifically the Farkas declaration, to be considered by the Registrar in making her decision on the substantive opposition. The Holder was ordered to be provided with a copy of this declaration, and its evidence in answer was to be filed within three months of the decision date.