Vito Mitolo & Son Pty Ltd v Mitolo Wines Aust Pty Ltd  FCA 903 (13 June 2019)
Vito was granted an extension of time to file an application seeking judicial review of a decision by the Registrar to refuse an application to extend the time for filing evidence in support of oppositions to trademark registration of MITOLO and MITOLO WINES based on bad faith.
Vito challenged the Registrar’s decision primarily on the ground that there were exceptional circumstances that justified the extension. These circumstances primarily arose from (i) related court proceedings (commenced by Mitolo alleging infringement by Vito) in the sense of the complexity of the evidence and (ii) settlement negotiations.
The words “exceptional circumstances” may apply to a variety of circumstances and no definition which limits their application should be adopted, unless the limitation appears from the words of the relevant statutory provision.
Besanko J considered these circumstances were properly considered by the Registrar and considered cumulatively. As a result, the application for judicial review was dismissed.