TRADE MARKS – Intellectual property – Application for Registration – Registration of Trade Mark – Opposition to Registration – Assignment CONSTITUTIONAL LAW – Power to register a trade mark – Whether a judicial power – Whether validly conferred on Registrar of Trade Marks ADMINISTRATIVE LAW – Whether judicial review enlivened – Whether a decision made EVIDENCE – Affidavit evidence – Whether signed – Whether false and misleading PRACTICE AND PROCEDURE – Summary judgment – No reasonable prospects of success PRACTICE AND PROCEDURE – Interlocutory injunction – Prima facie case – No serious question to be tried – Balance of probabilities COSTS – Indemnity basis – Litigant in person – Whether to award
Related cases trademarks
-
Village Roadshow IP PL v VUR Village Trading No 1 Ltd [2025] FCA 428
TRADE MARKS – where the respondent brought non-use actions before the Registrar of Trade Marks (the Registrar) pursuant to s 92(4)(b) of the Trade Marks Act 1995 (Cth) against various class registrations of a trade mark (the Trade Mark) by the appellant – where the delegate of the Registrar determined that the Trade Mark had…
-
Paco Nominees PL v Ella Secret Australia PL (Default Judgment) [2025] FCA 366
TRADE MARKS – default judgment – respondents’ failure to comply with orders and appear – claim of trade mark infringement – default judgment granted PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) – whether appropriate to grant injunction – whether satisfied that an order…
-
Somers Enterprises Australia PL v Basefun PL [2025]FCA 218
INTELLECTUAL PROPERTY – trade marks – registration – application for removal for non-use – appeal de novo – extent of use in relevant class within Australia – discretion of Court to allow mark to remain on Register of Trade Marks – appeal allowed – Trade Mark retained on Register Related cases about trademark revocation Original…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca0311
For more information, see the original judgement.
