Honest Reveira v Registrar of Trade Marks [2018] FCA 1122

FEDERAL COURT OF AUSTRALIA

Honest Reveira v Registrar of Trade Marks [2018] FCA 1122 File number: VID 237 of 2018

Judge: MOSHINSKY J

Date of judgment: 7 August 2018

Catchwords: TRADE MARKS – application for judicial review of a decision of the Registrar – where an application for removal of trade marks had been filed – where the owner of the trade marks did not file a notice of intention to oppose within the prescribed period – where the owner sought an extension of time to file a notice of intention to oppose – where the Registrar granted the extension of time (the Decision) – whether the Decision was authorised by the Trade Marks Regulations 1995 (Cth) or involved an error of law – whether the Registrar had jurisdiction to make the Decision – application for judicial review dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Trade Marks Act 1955 (Cth), ss 49, 130, 131 Trade Marks Act 1995 (Cth), ss 92, 93, 95, 96, 97, 98, 224 Trade Marks Regulations 1995 (Cth), regs 9.11, 9.12

Cases cited: Atomic Skifabrik Alois Rohrmoser v Registrar of Trade Marks (1987) 13 FCR 199 Burrell v International Business Exchange Limited [1996] ATMO 13 Lyons v Registrar of Trade Marks (1983) 50 ALR 496 Mildura and District Education Council v EF Gutenkunst Teachers Centre (2002) 58 IPR 650 Re application by Tandy Corporation (1991) 22 IPR 639 Stafford Miller Ltd v Jean Patou Parfumeur (1988) 11 IPR 409 Secretary, Department of Employment, Education and Youth Affairs v Ferguson (1997) 76 FCR 426 Secretary, Department of Social Security v Secara (1998) 89 FCR 151 Watson v Bristol-Myers Co (1985) 5 IPR 333