Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Discount Drugstores Pty Ltd v Registrar of Trade Marks [2015] FCA 1159 Citation: Discount Drugstores Pty Ltd v Registrar of Trade Marks [2015] FCA 1159
Parties: DISCOUNT DRUGSTORES PTY LTD v REGISTRAR OF TRADE MARKS
File number: QUD 435 of 2014
Judge: LOGAN J
Date of judgment: 9 October 2015
Catchwords: INTELLECTUAL PROPERTY – trade marks – registration – appeal from decision of respondent to refuse to register applicant's trade mark because it was insufficiently adapted to distinguish applicant's business – parties reached agreed position as to registration of amended trade mark application before trial – powers of Federal Court under Trade Marks Act 1995 (Cth) to make consent orders in s 35 appeal – exercise of original jurisdiction – orders made in light of conceded fact that basis for rejecting trade mark application no longer existed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Trade Marks Act 1905 (Cth) Trade Marks Act 1995 (Cth), s 33, s 35, s 41(4), s 197
Cases cited: Blount Inc v The Registrar of Trade Marks (1998) 40 IPR 498 cited Health World Ltd v Shin-Sun Australia Pty Ltd (2010) 240 CLR 590 applied Irwin v Military Rehabilitation and Compensation Commission (2009) 174 FCR 574 considered Jafferjee v Scarlett (1937) 57 CLR 115 cited
Date of hearing: 9 October 2015
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
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