Segator Pty Ltd v FKS Australia Pty Ltd

This matter concerned an opposition by Segator Pty Ltd (the Opponent) against an application by FKS Australia Pty Ltd (the Applicant) for a trade mark. The Opponent sought an extension of time to file evidence in support of its opposition, and subsequently sought to admit late-filed evidence. The decision was made by Aaron Walters.

The legal issues before the court were whether the Applicant had established sufficient grounds for an extension of time to file its evidence, pursuant to regulation 5.15 of the *Trade Marks Regulations 1995* (Cth), and whether the late-filed evidence should be admitted under regulation 21.19. The Applicant's stated reasons for seeking the extension included the need to review a statement of grounds and particulars from a separate, but related, dispute between the parties, and to obtain further declarations regarding the translation of the Greek word "PAGOTO" and the Opponent's use of that word as a business name.

The court refused the application for an extension of time. It found that the Applicant's initial assertion that it needed to review a statement of grounds from another proceeding was insufficient, and that the Applicant had already prepared evidence in relation to the current opposition, requiring only amendment and finalisation. The court noted that the Applicant had filed only one declaration on the statutory deadline, with the remainder of its evidence filed significantly later. The reasons provided for the delay, including the Christmas and New Year break and a relocation of the Applicant's office, were not considered to be exceptional circumstances justifying an extension. Consequently, the request to admit the late-filed evidence was also refused.