Daimler Company Limited v Registrar of Trade Marks [1914] HCA 91

446 HIGH COURT e fo

{HIGH COURT OF AUSTRALIA.

THE DAIMLER COMPANY LIMITED . APPELLANTS:

AND

THE REGISTRAR OF TRADE MARKS ._ REsPONDE

ON APPEAL FROM THE REGISTRAR OF TRADE MARKS.

H.C. or A. Trade Mark—Application to register—Distinctive mark—Word which is a 1914. —Order that word be deemed distinctive—Conditions—A ppeal—Jurisdiction aw) High Court—Trade Marks Act 1905-1912 (No. 20 of 1905—No. 19 of 191 MELBOURNE, secs. 16, 82, 34. Sept. 10, 11, a

14. A refusal by the Registrar of Trade Marks of an application to him for an — order under sec. 16 (1) (¢) of the Trade Marks Act 1905-1912 that a word be

erm oF deemed a distinctive mark may be reviewed by the High Court.

Gavan Duffy and Rich JJ.

Where it is sought to register as a trade mark a word which is a su a declaration must be obtained from the Registrar of Zrade Marks under that section that the word shall be deemed to be a distinctive mark, and, — having made such a declaration, the Registrar may then attach to the re tration of the word as a trade mark such reasonable conditions as will protect the rights of any persons who before the application for registration have used the word with respect to their goods,

Held, upon the evidence, that the word ' Daimler," which was original a surname, should be deemed to be a distinctive mark.

AppEALs from the Registrar of Trade Marks. Two applications were made to the Registrar of Trade Marl by the Daimler Co. Ltd., of Coventry, England, to register as

motor cars, motor cycles, motor chassis and motor vehicles of kinds included in that class, and the other in Class 6 in resp

18 C.L.R.] OF AUSTRALIA.

of engines, motor car engines, traction motors other than agricul- H. ©. or A.

tural, and aeroplanes.

The Registrar having informed the applicants that he was of opinion that the word was not a registrable trade mark but that he was prepared to hear the applicants upon the matter, a further application was made for an order under sec. 16 (1) (e) of the Trade Marks Act 1905-1912 that the word should be deemed a registrable trade mark.