Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Laminar Air Flow Pty Ltd v Registrar of Trade Marks [2017] FCA 1447 File number: NSD 1016 of 2017
Judge: ROBERTSON J
Date of judgment: 6 December 2017
Catchwords: TRADE MARKS – judicial review of decision by delegate of the Registrar of Trade Marks to "correct any error or omission made in entering in the Register any particular in respect of the registration of a trade mark" under s 81 of the Trade Marks Act 1995 (Cth) – where, on application for a change of name, entry in the Register in 2001 changing owner's name – where in fact no change in owner's name – application in 2014 to amend Register under s 81 – whether in the circumstances s 81 power available or whether error in the exercise of that power
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Trade Marks Act 1995 (Cth) ss 81, 85, 88, 106-110, 216 Trade Marks Regulations 1995 (Cth) r 10.2
Cases cited: Edwards v Liquid Engineering 2003 Pty Ltd [2008] FCA 970; 77 IPR 115 Health World Ltd v Shin-Sun Australia Pty Ltd [2010] HCA 13; 240 CLR 590 Kimberly-Clark Ltd v Commissioner of Patents (No 3) (1988) 84 ALR 685 Mediaquest Communications LLC v Registrar of Trade Marks [2012] FCA 768; 205 FCR 205
Date of hearing: 15 November 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate