Re Application by VIVATICKET SPA for extension of time to request hearing and file submissions in connection with a proposal to cease protection in Australia of International Registration Designating Australia..

The applicant, VIVATICKET SPA, sought an extension of time from the Federal Court of Australia to file submissions and request a hearing concerning a proposal by the Registrar of Trade Marks to cease protection in Australia of an International Registration Designating Australia (IRDA). The Registrar had proposed to cease protection on the basis that VIVATICKET SPA had failed to pay the required renewal fees.

The primary legal issues before the Court were whether VIVATICKET SPA had established grounds for an extension of time under section 224 of the *Trade Marks Act 1995* (Cth). Specifically, the Court considered whether there had been an error or omission by the Registrar, or an error or omission by the holder (VIVATICKET SPA), and whether, in either case, the Court should exercise its discretion to grant an extension.

Justice Nicholas Smith found that VIVATICKET SPA had not established an error or omission on the part of the Registrar under section 224(1). While the Court did find that there had been an error or omission by VIVATICKET SPA under section 224(2)(a) in failing to pay the renewal fees, it determined that the circumstances did not warrant the exercise of discretion to grant an extension of time. Consequently, the Court also declined to exercise its discretion under section 224(3). The application for an extension of time was refused.