Wilkshire v Registrar of Trade Marks [2010] FCA 49

Wilkshire v Registrar of Trade Marks [2010] FCA 49

Applicant is bound by consent orders and undertakings given in earlier proceedings which preclude interference with the Council's trade mark, and has not established any valid ground or standing under s 88(1) to justify rectification; therefore, the application for leave to appeal is dismissed as it has no prospect of success.

Jurisdiction
Australia
Judgment Date
04 February 2010
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Summary Dismissal
Outcome
application for leave to appeal dismissed
Legal Topics
['rectification of Register' 'leave to Appeal' 'indemnity Costs' 'standing to Apply for Cancellation' 'consent Orders and Undertakings']
['intellectual Property' 'trade Marks'] ['rectification of Register' 'leave to Appeal' 'indemnity Costs' 'standing to Apply for Cancellation' 'consent Orders and Undertakings']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Summary Dismissal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from a summary dismissal of application to rectify the Trade Marks Register under s 88(1)(a) of the Trade Marks Act 1995 (Cth)' 'Whether applicant established proper grounds for rectification/cancellation' "Whether applicant had standing as an 'aggrieved person' under s 88(1)" "Effect of consent orders and undertakings on applicant's entitlement to seek rectification"]

Ratio Decidendi

Applicant is bound by consent orders and undertakings given in earlier proceedings which preclude interference with the Council's trade mark, and has not established any valid ground or standing under s 88(1) to justify rectification; therefore, the application for leave to appeal is dismissed as it has no prospect of success.

Court Disposition

application for leave to appeal dismissed

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the second respondent's costs of this application on an indemnity costs basis."]