Re Reginald Stanley's Application for a Trade Mark [1908] HCA 90

SESE st

&

E

z :

H.C. or A. 1908. —

Mezzo

April 28.

K,

Isaacs J.

Iy Cuanpens,

HIGH COURT [1908.

[HIGH COURT OF AUSTRALIA.]

In RE REGINALD STANLEY'S APPLICATION FOR A TRADE MARK.

Practice—Patent-—A pplication to Court for indulgence—A ttendance of Commissioner of Patents—Costs,

Where an applicant for a patent applies to the High Court for an indulgence on notice to the Commissioner of Patents it is the duty of the Commissioner to attend the hearing, and the applicant, whether he is or is not snecessful, must pay the costs of the Commissioner.

Motion.

On 11th January 1905 an application was made by Reginald Stanley, who resides in England, by his agents, Collison & Co., for a patent for an invention entitled " Improvements in combined apparatus for grinding or crushing, washing and separating ores." The complete specifications were lodged on 9th October 1905, and accepted on 18th October 1905. On 20th October 1905 the agents were informed by the Commissioner of the acceptance, and were requested to forward five additional copies of the specifica- tion.

On 8rd January 1906 the acceptance fee of £2 was paid. On 11th May 1906 the time for sealing the letters patent expired, and on 22nd May 1906 an advertisement was published in the Gazette to the effect that the application had lapsed. On 22nd August 1906 the agents for the applicant were informed that the application had lapsed. On 4th December 1906 an application was made to the Commissioner to revive the application, but was on 12th December refused.

An application was now made to the High Court by motion on behalf of the applicant and on notice to the Commissioner for an

5 OLR.) OF AUSTRALIA.

order extending the time for sealing letters patent under the application, and for such other order as to the Court should seem fit.

Mann, for the applicant. Schutt, for the Commissioner,