Jason Mitchenson (with Ms L Leonard) appeared for the successful respondent, the Registrar of Trade Marks, instructed by Australian Government Solicitor.
The judgment concerned the applicant’s application for interlocutory relief seeking the registration of trade mark number 2375963 under the Trade Marks Act 1995 (Cth), and an order restraining IP Australia from registering a later competing trade mark application (2410434). The respondent applied for summary judgment pursuant to r 26.01 of the Federal Court Rules 2011 (Cth) or alternatively s 31A of the Federal Court of Australia Act (Cth).
The Court held that the applicant’s Headstart Application was only a preliminary assessment and did not constitute a formal application. The applicant failed to complete the filing requirements, and no valid application was made, whereas the competing application complied with the statutory scheme and proceeded to acceptance.
The Court concluded that, in the absence of a formal application, there was no decision capable of review and the applicant had no reasonable prospect of success. The Court ultimately dismissed the applicant’s application and held wholly in favour of the respondent in the form of summary judgment.
The judgment can be read by clicking here
