Re: Opposition by Compagnie des Montres Longines S.A. (Longines Watch Co. Fancillon Ltd) to extension of protection under regulation 17A.33 of the Trade Marks Regulations 1995 of trade mark number 1911895

This matter concerned an opposition by Compagnie des Montres Longines S.A. (Longines Watch Co., Francillon Ltd) to the extension of protection of trade mark number 1911895. The proceedings were heard by Louise Tuohy, a delegate of the Registrar.

The legal issues before the delegate were whether the grounds of opposition relied upon by the opponent, specifically sections 42(b), 44, and 60 of the *Trade Marks Act 1995* (Cth), had been established. The delegate also considered preliminary matters regarding the admissibility of evidence filed out of time by the holder, which included decisions from European Union and German trade mark authorities.

The delegate reasoned that while the holder's late-filed evidence was not ideal, it could be considered under the Regulations, which allow the Registrar to be informed in a way deemed appropriate, provided the parties have had an opportunity to make representations. Ultimately, the delegate found that the opponent had failed to establish any of the grounds of opposition it nominated.

Consequently, the delegate ordered that the extension of protection to Australian trade mark application 1911895 could proceed to registration, subject to any appeal. Costs were awarded against the opponent.