Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vokes Ltd v Laminar Air Flow Pty Ltd [2018] FCAFC 109 Appeal from: Laminar Air Flow Pty Ltd v Registrar of Trade Marks [2017] FCA 1447
File number: NSD 33 of 2018
Judge: NICHOLAS, DAVIES AND BURLEY JJ
Date of judgment: 16 July 2018
Catchwords: TRADE MARKS – Registrar's power under s 81 of the Trade Marks Act to correct an error made in entering a particular in the Trade Marks Register – Court's power under s 85 and s 88 to order the amendment of the Register distinguished – statutory scheme under Part 8, Division 1 and Division 2 considered – error not made "in entering" a particular in the Register – no power to amend under s 81 – whether valid change of name under s 216 of the Trade Marks Act a jurisdictional fact – Mediaquest Communications LLC v Registrar of Trade Marks distinguished
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Trade Marks Act 1995 (Cth)
Cases cited: Laminar Air Flow Pty Ltd v Registrar of Trade Marks [2017] FCA 1447 Mediaquest Communications LLC v Registrar of Trade Marks [2012] FCA 768; 205 FCR 205 Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28 Sea Shepherd Australia Limited v Commissioner of Taxation [2013] FCAFC 68
Date of hearing: 8 May 2018
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Trade marks
Category: Catchwords
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