Real Estate Institute of Victoria Ltd v Realestate.com.au Ltd

This decision concerned an application by the Real Estate Institute of Victoria Ltd (the opponent) for an extension of time to file evidence in support of its opposition to a trade mark application by Realestate.com.au Ltd (the applicant). The hearing officer, Jock McDonagh, considered the application on 7 April 2009.

The primary legal issue before the hearing officer was whether to grant the opponent an extension of time to file its evidence. This involved assessing whether the public interest favoured allowing the opposition process to be supported by relevant evidence, even if filed late.

The hearing officer reasoned that while parties should make sufficient effort to support their claims, the public interest is best served when the opposition process is assisted by relevant evidence being available to the Registrar. Consequently, the hearing officer allowed the application for an extension of time.

The hearing officer directed that a copy of the evidence, which had already been filed with the Office, be served on the applicant on or before 16 April, in accordance with Regulation 5.7.