Structureco Inc v Registrar of Trade Marks [2003] FCA 1290

Structureco Inc v Registrar of Trade Marks [2003] FCA 1290

The Registrar did not breach natural justice by issuing the summons and notice without first hearing Structureco; the Manual did not require Starite to provide reasons for its request; the Registrar considered the guidelines and the evidentiary material and was entitled to regard the material as disclosing a factual conflict capable of clarification by questioning Mr Carmody; the allegation that the Registrar acted at Starite's direction was answered by the evidence; and the notice to produce was sufficiently particular and directed to documents that would or could be relevant, rather than being an impermissible discovery notice. The application for review therefore failed.

Jurisdiction
Australia
Judgment Date
12 November 2003
Procedural Posture
Application for Order of Review of Registrar of Trade Marks Decisions to Issue a Summons and Notice to Produce in Trade Mark Non Use Removal Proceedings / Federal Court Judgment Dismissing Application
Outcome
Application dismissed.
Legal Topics
['removal of Trade Mark for Non Use' "registrar's Power to Summon Witnesses and Require Production of Documents" 'procedural Fairness' 'relevant Considerations' 'error of Law' 'notice to Produce Documents']
['trade Marks' 'administrative Law'] ['removal of Trade Mark for Non Use' "registrar's Power to Summon Witnesses and Require Production of Documents" 'procedural Fairness' 'relevant Considerations' 'error of Law' 'notice to Produce Documents']

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Procedural Posture

Application for Order of Review of Registrar of Trade Marks Decisions to Issue a Summons and Notice to Produce in Trade Mark Non Use Removal Proceedings / Federal Court Judgment Dismissing Application

Legal Issues

  1. 1 ['Whether Structureco was entitled to be heard before the Registrar issued the summons and notice.' 'Whether the Registrar failed to observe required procedures or erred in law by not requiring Starite to provide reasons for the summons.' 'Whether the Registrar failed to take relevant considerations into account, including the Trade Marks Office Manual guidelines and the alleged absence of contradictory evidence.' "Whether the Registrar exercised the power to issue the summons at Starite's direction." 'Whether the notice to produce was in substance an impermissible discovery notice rather than a notice requiring production of documents under s 202(c) of the Trade Marks Act 1995.']

Ratio Decidendi

The Registrar did not breach natural justice by issuing the summons and notice without first hearing Structureco; the Manual did not require Starite to provide reasons for its request; the Registrar considered the guidelines and the evidentiary material and was entitled to regard the material as disclosing a factual conflict capable of clarification by questioning Mr Carmody; the allegation that the Registrar acted at Starite's direction was answered by the evidence; and the notice to produce was sufficiently particular and directed to documents that would or could be relevant, rather than being an impermissible discovery notice. The application for review therefore failed.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' "The applicant pay the second respondent's costs of the application other than the costs of the adjournment on 25 July 2003 as to which the Court makes no order."]