Re: Opposition by Tarte, Inc. to registration of trade mark application number 1897993 - SUGAR CRUSH - in the name of The Boots Company PLC

This matter concerned an opposition by Tarte, Inc. to the registration of the trade mark application number 1897993, SUGAR CRUSH, in the name of The Boots Company PLC. The opposition was heard by Debrett Lyons, acting as delegate for the Registrar of Trade Marks.

The primary legal issue before the delegate was whether to grant The Boots Company PLC an extension of time to file evidence in support of its application. The Boots Company PLC sought this extension under regulation 5.15 of the Trade Marks Regulations 1995 (Cth), which permits extensions of time in certain circumstances. The delegate was required to consider whether the grounds specified in regulation 5.15(a) and (b) were established, and also whether regulation 21.19 conferred any power to admit late evidence.

The delegate found that neither of the grounds specified in regulation 5.15(a) or (b) had been established by The Boots Company PLC. Furthermore, the delegate determined that regulation 21.19 did not grant a power to admit late evidence in this context. The delegate also considered regulation 21.15(4) but concluded that the discretion it provided was not exercised in favour of admitting the late evidence.

Consequently, the application for an extension of time to file evidence was refused.