THE DINGOES REFRAIN PTY LTD V COTTON ON FOUNDATION LIMITED [2015] ATMO 79 (31 AUGUST 2015)

This matter concerned an application by Cotton On for an extension of time to file evidence in answer in relation to an opposition against its RUN Logo trade mark.

The Hearing Officer accepted Cotton On’s reasons for unavoidable delay for the first portion of its evidentiary period. However, she was not satisfied that, in the five weeks from when Cotton On’s representative had obtained the required information and the evidence was due, Cotton On ‘acted promptly and diligently’.

Cotton On had attempted to argue that the delay was caused partially by closures over the Christmas period, however, the Hearing Officer noted a lack of action plan to deal with those likely anticipatable delays.

The high threshold for obtaining an extension of time was not met and the extension of time not granted.

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