Apple Inc v Macpro Computers (Aust) Pty Limited [2010] FCA 1505

Apple Inc v Macpro Computers (Aust) Pty Limited [2010] FCA 1505

Because the parties consented to the proposed orders, the Registrar of Trade Marks had been notified and did not object, Macpro confirmed its consent at the hearing, and no evidence was proffered in support of the opposition, it was appropriate to allow the appeal, set aside the delegate's refusal in part, and direct that the trade mark application proceed to registration without conditions or limitations.

Jurisdiction
Australia
Judgment Date
06 December 2010
Procedural Posture
Appeal Under S 56 of the Trade Marks Act 1995 (cth) From a Decision of a Delegate of the Registrar of Trade Marks / Consent Orders at Hearing
Outcome
Appeal allowed by consent; delegate's decision set aside in part; trade mark application No. 1114115 to proceed to registration without conditions or limitations; no order as to costs.
Legal Topics
['trade Mark Opposition' 'appeal From Registrar of Trade Marks' 'registration of Trade Mark Application No. 1114115' 'consent Orders']
['intellectual Property' 'trade Marks'] ['trade Mark Opposition' 'appeal From Registrar of Trade Marks' 'registration of Trade Mark Application No. 1114115' 'consent Orders']

Case Brief

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Procedural Posture

Appeal Under S 56 of the Trade Marks Act 1995 (cth) From a Decision of a Delegate of the Registrar of Trade Marks / Consent Orders at Hearing

Legal Issues

  1. 1 ["Whether the appeal from the delegate's decision under s 55 of the Trade Marks Act 1995 (Cth) should be allowed by consent." 'Whether trade mark application No. 1114115 should proceed to registration without conditions or limitations where no evidence was tendered in support of opposition at the appeal hearing.']

Ratio Decidendi

Because the parties consented to the proposed orders, the Registrar of Trade Marks had been notified and did not object, Macpro confirmed its consent at the hearing, and no evidence was proffered in support of the opposition, it was appropriate to allow the appeal, set aside the delegate's refusal in part, and direct that the trade mark application proceed to registration without conditions or limitations.

Court Disposition

Appeal allowed by consent; delegate's decision set aside in part; trade mark application No. 1114115 to proceed to registration without conditions or limitations; no order as to costs.

Orders

  • ['The appeal from the decision of the delegate of the Registrar of Trade Marks given on 12 February 2009 in respect of trade mark application No. 1114115 be allowed.' "The decision of the Registrar of Trade Marks be set aside insofar as it relates to the refusal to allow registration of trade mark application No....