Howard Auto-Cultivators Limited v Webb Industries Pty Ltd [1946] HCA 15

72CLR.] OF AUSTRALIA. 175 Apel. i321 PR347.

Arel. (4. (PR ASI,

das .ib. (P22 .498. Appl: TT. 1F 2.6 |

Appl. 1 IPR To App|. 22 Sige (13. we

{HIGH COURT OF AUSTRALIA.]

HOWARD AUTO-CULTIVATORS LIMITED . AppeLiant ; Opponent,

AND

WEBB INDUSTRIES PROPRIETARY LIMITED Responpenr. APPLICANT,

Trade Mark—Registration—" Invented word" —" Rohoe"—Use in respect of H.C, or A. cultivating implements—Trade Marks Act 1905-1936 (No. 20 of 1905—No. 75 946,

of 1936), s. 16 (1) (c). Ww Application having been made for registration as a trade mark in respect MELBOURNE, of cultivating implements of the word " Rohoe," Heo June 7.

Held by Rich, Starke, Dixon and McTiernan JJ. (Latham C.J. and Williams

J, dissenting) that the word was not an "invented word" within the meaning Latham O-,

of & 16 (1) (¢) of the Trade Marks Act 1905-1936, inasmuch as it was apparent ,,,PiXou that the word was merely an abbreviated combination of known words; Williams JJ.

therefore registration should be refused.

Apvprat from Deputy Registrar of Trade Marks.

Webb Industries Pty. Ltd. applied to the Registrar of Trade Marks for registration as a trade mark in class 7 in respect of culti- vating implements of the word-mark " Rohoe."

Howard Auto-Cultivators Ltd., which manufactured rotary hoes and other cultivating implements, opposed the application on the ground, so far as is here material, that " Rohoe " was not an invented word within the meaning of s. 16 (1) (c) of the Trade Marks Act 1905-1936.

In support of the opposition the opponent lodged statutory declara- tions by a number of persons, all expressing the opinion that the proposed word-mark was an abbreviation of the words " rotary hoe."

The Deputy Registrar granted the application, being of opinion that "Rohoe " was an invented word.

From this decision the opponent appealed to the High Court.