Omega SA v Mark & Brenda Robinson

This matter concerned an application by Omega SA for an extension of time to serve and file evidence in support of its opposition to a trade mark application by Mark and Brenda Robinson. The application was heard by Alison Windsor, a Hearing Officer at Trade Marks Hearings.

The primary legal issue before the Hearing Officer was whether to grant Omega SA's fourth application for an extension of time to serve and file its evidence in support of its opposition. This required consideration of the relevant regulations governing the service and filing of evidence, specifically Regulation 5.7 and Regulation 5.15 of the Regulations, which outline the timeframes for serving evidence and the conditions under which extensions may be granted. The Hearing Officer also had to consider the Registrar's published benchmarks for evidence preparation time and the definition of "compelling reasons" for exceeding these benchmarks.

The Hearing Officer reasoned that while Regulation 5.15(3) requires the Registrar to be satisfied that the other party has been served with the application for extension and that both parties have had an opportunity to make representations, and that the extension is appropriate, the benchmarks are not absolute. In this instance, Omega SA had been granted previous extensions, and the total time requested would extend beyond the benchmark of nine months, reaching eighteen months. However, Omega SA had indicated an intention to negotiate a settlement, and at the hearing, it was represented that the evidence preparation was well-advanced and no further extensions were anticipated beyond 13 April 2010.

The Hearing Officer determined that, in the specific circumstances of this case, it was appropriate to grant the extension of time. Accordingly, Omega SA was directed to serve and file its complete evidence in support by 13 April 2010, with any further applications for additional time to be based only on force majeure.