Vokes Ltd v Laminar Air Flow Pty Ltd [2018] FCAFC 109

Vokes Ltd v Laminar Air Flow Pty Ltd [2018] FCAFC 109

Section 81 of the Trade Marks Act 1995 (Cth) does not empower the Registrar to amend the Register where the error was not made in the act of entering particulars but in the provision of erroneous information. Errors of this nature and entries affected by subsequent dealings (assignment) must be corrected, if at all, by Court order under ss 85 or 88, not by the Registrar on her own initiative.

Parties
Appellant: Vokes Ltd; First Respondent: Laminar Air Flow Pty Ltd; Second Respondent: Registrar of Trade Marks
Jurisdiction
Australia
Judgment Date
16 July 2018
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Trade Marks, Trade Marks Register Corrections, Registrar's Amendment Powers, Judicial Review
Intellectual Property Trade Marks Trade Marks Register Corrections Registrar's Amendment Powers Judicial Review

Case Brief

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Parties

Vokes Ltd

Appellant

Laminar Air Flow Pty Ltd

First Respondent

Registrar of Trade Marks

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether s 81 of the Trade Marks Act 1995 (Cth) empowers the Registrar to amend the Register in this context
  2. 2 Whether the Registrar's power under s 81 applies to errors not made in the act of entering particulars but arising from erroneous information provided
  3. 3 Whether a valid change of name is a jurisdictional fact for s 216 and Registrar's powers

Ratio Decidendi

Section 81 of the Trade Marks Act 1995 (Cth) does not empower the Registrar to amend the Register where the error was not made in the act of entering particulars but in the provision of erroneous information. Errors of this nature and entries affected by subsequent dealings (assignment) must be corrected, if at all, by Court order under ss 85 or 88, not by the Registrar on her own initiative.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs of the appeal, such costs to be taxed in default of agreement.