Pinex Pty Ltd v Pinex Pty Ltd & Ors [1987] FCA 620

Pinex Pty Ltd v Pinex Pty Ltd & Ors [1987] FCA 620

The Registrar of Trade Marks need not be made a party to the proceeding, but the person aggrieved must give notice of the s.22 application to the Registrar. Although it would be prudent for the applicant's solicitors to keep the Registrar informed, it was not appropriate for the Court to direct them to do so; therefore the requested order was refused.

Jurisdiction
Australia
Judgment Date
13 November 1987
Procedural Posture
Federal Court Proceeding Involving Trade Marks Rectification and Related Trade Practices Act and Passing Off Claims / Interlocutory Motion for an Order Requiring the Applicant's Solicitors to Keep the Registrar of Trade Marks Informed
Outcome
Motion refused.
Legal Topics
['rectification of the Register of Trade Marks' 'whether the Registrar of Trade Marks Should Be Made a Party' 'notice to the Registrar of Trade Marks' 'trade Marks Act 1955 S.22']
['intellectual Property' 'trade Marks' 'federal Court Procedure'] ['rectification of the Register of Trade Marks' 'whether the Registrar of Trade Marks Should Be Made a Party' 'notice to the Registrar of Trade Marks' 'trade Marks Act 1955 S.22']

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Procedural Posture

Federal Court Proceeding Involving Trade Marks Rectification and Related Trade Practices Act and Passing Off Claims / Interlocutory Motion for an Order Requiring the Applicant's Solicitors to Keep the Registrar of Trade Marks Informed

Legal Issues

  1. 1 ['Whether the Registrar of Trade Marks should be made a party to Federal Court proceedings in which a party seeks rectification of the Register of Trade Marks under the Trade Marks Act 1955.' "Whether the Court should order the applicant's solicitors to continually inform the Registrar of Trade Marks of the progress of the actions, including details of proposed settlement agreements."]

Ratio Decidendi

The Registrar of Trade Marks need not be made a party to the proceeding, but the person aggrieved must give notice of the s.22 application to the Registrar. Although it would be prudent for the applicant's solicitors to keep the Registrar informed, it was not appropriate for the Court to direct them to do so; therefore the requested order was refused.

Court Disposition

Motion refused.

Orders

  • ["The motion for an order that the applicant's solicitors continually inform the Registrar of Trade Marks of the progress of the actions herein, including any details of proposed settlement agreements, be refused."]