Xiying Susan Guo v David Bilanycz

This decision concerns an application by Xiying Susan Guo for a late extension of time to file a notice of opposition to trade mark application number 1325114, for the mark KINGYIELD. The application was heard by Alison Windsor, a Hearing Officer for Trade Marks and Designs.

The primary legal issue before the Hearing Officer was whether Ms Guo had provided sufficient reasons to justify her failure to file the notice of opposition within the statutory period. The Hearing Officer was required to determine if the circumstances warranted granting a late extension of time under the relevant regulations.

The Hearing Officer found that Ms Guo had not provided persuasive information that would satisfy her that there were sufficient reasons for the delay. Applying the provisions of subregulation 5.4(4), which the Hearing Officer noted did not allow for discretion, the application for a late extension of time was refused. Consequently, the trade mark KINGYIELD was permitted to proceed to registration one month after the date of the decision, unless the Registrar was notified of an appeal.