Honest Reveira v Registrar of Trade Marks [2018] FCA 1122

Honest Reveira v Registrar of Trade Marks [2018] FCA 1122

It was open to the delegate to conclude that the facts and matters relied upon by Honest the Snack Shack, specifically employment and health issues affecting a key person in a small business, were capable as a matter of law of constituting 'circumstances beyond the control' of the company within the meaning of reg 9.11(4)(b), and that the declarations provided were capable of justifying the extension of time and providing sufficient reasons for the delay within the required regulatory framework.

Jurisdiction
Australia
Judgment Date
07 August 2018
Procedural Posture
Judicial Review Application / Final Judgment at First Instance
Outcome
Application dismissed
Legal Topics
['trade Marks' 'extension of Time' 'opposition Proceedings' 'judicial Review' 'administrative Law']
['intellectual Property'] ['trade Marks' 'extension of Time' 'opposition Proceedings' 'judicial Review' 'administrative Law']

Case Brief

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Procedural Posture

Judicial Review Application / Final Judgment at First Instance

Legal Issues

  1. 1 ["Whether the Registrar's delegate was authorised to grant an extension of time under Trade Marks Regulations 1995 (Cth) for filing a notice of intention to oppose under circumstances beyond the control of the party" 'Whether the delegate had jurisdiction to grant an extension where the application for extension was made after the prescribed period and whether sufficient reasons for the delay were provided']

Ratio Decidendi

It was open to the delegate to conclude that the facts and matters relied upon by Honest the Snack Shack, specifically employment and health issues affecting a key person in a small business, were capable as a matter of law of constituting 'circumstances beyond the control' of the company within the meaning of reg 9.11(4)(b), and that the declarations provided were capable of justifying the extension of time and providing sufficient reasons for the delay within the required regulatory framework.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' 'Subject to paragraph 3, there be no order as to costs.' 'The parties have liberty to apply within seven days to seek a variation of paragraph 2.']