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[1974] HCA 51
High Court of Australia
1974-07-01
Jacobs J
Original judgment source is linked above.
(1974) 131 CLR 592; 48 ALJR 456; 4 ALR 687; 1A IPR 511; [1976] RPC 285
Trade Mark - Rectification of register - Expunging mark - Entry wrongly made in register - No user in Australia before application for registration - Whether applicant for registration author of mark in Australia - Whether applicant for expunging had used mark in Australia with purpose of indicating a connexion between mark and goods - Whether knowledge acquired by single importer of distinctiveness of mark sufficient to give distinctiveness in Australia - Validation of mark seven years after registration - Notice of motion for expunging filed within seven years - Service and hearing beyond seven year period - Trade Marks Act 1955-1958 (Cth), ss. 6, 22 (1) (b), 40 (1), 61 (1) - High Court Rules, O. 66B, rr. 4, 5. High Court
(1974) 131 CLR 592