Omega SA v Mark Robinson and Brenda Robinson

This matter concerned an application before the Trade Marks Hearings Officer, Deirdre O'Brien, brought by Omega SA (the applicants) against Mark Robinson and Brenda Robinson (the opponents). The dispute revolved around the service of evidence in opposition proceedings before the Trade Marks Office.

The primary legal issue before the Hearing Officer was whether to grant an extension of time for the opponents to serve their evidence in support of their opposition. The applicants had informed the Hearing Officer that, according to their records, the date of service was 5 May, and the declaration in question was dated 4 May 2011. The Hearing Officer also considered the relevance of a declaration by Peter Stierli, exhibited to a declaration by Peter Hallett, to the exercise of the Registrar's discretion under section 101 of the relevant legislation.

The Hearing Officer was satisfied that a short extension to bring the evidence into the proceedings was appropriate. Consequently, the Hearing Officer extended the period allowed for the opponents to serve a copy of their evidence in support until 11 May 2011. Furthermore, the Hearing Officer directed that the due date for the applicants to serve their evidence in answer to the opposition would be three months from the date of the decision, namely 9 December 2011.

Regarding costs, the Hearing Officer declined to award costs to the applicants, noting that the hearing was held in response to the Registrar's intention to refuse the extension, making an award of costs inappropriate.