Automatepro Limited
Case
•
[2023] ATMO 212
•15 December 2023
Details
AGLC
Case
Decision Date
Automatepro Limited [2023] ATMO 212
[2023] ATMO 212
15 December 2023
CaseChat Overview and Summary
Automatepro Limited sought to register two International Registration Designations (IRDs) under the *Trade Marks Act 1995* (Cth). The dispute concerned whether grounds existed for rejecting these applications. The matter came before Sheona Robertson.
The court was required to consider whether the applications for IRD 2323895 and IRD 2324026 should be rejected, specifically in light of sections 41 and 44 of the *Trade Marks Act 1995* (Cth) and Regulation 17A.24 of the *Trade Marks Regulations 1995* (Cth).
The court found that grounds for rejection did exist. IRD 2323895 was rejected in its entirety. IRD 2324026 was also rejected, but only in respect of certain specified services, while potentially remaining valid for other goods and services.
The court was required to consider whether the applications for IRD 2323895 and IRD 2324026 should be rejected, specifically in light of sections 41 and 44 of the *Trade Marks Act 1995* (Cth) and Regulation 17A.24 of the *Trade Marks Regulations 1995* (Cth).
The court found that grounds for rejection did exist. IRD 2323895 was rejected in its entirety. IRD 2324026 was also rejected, but only in respect of certain specified services, while potentially remaining valid for other goods and services.
Details
Key Legal Topics
Areas of Law
-
Administrative Law
-
Intellectual Property
-
Statutory Interpretation
Legal Concepts
-
Appeal
-
Judicial Review
-
Jurisdiction
-
Statutory Construction
Actions
Download as PDF
Download as Word Document
Citations
Automatepro Limited [2023] ATMO 212
Most Recent Citation
Sekkoia S.a.s v Shanghai Bloks Technology Group Co., Ltd [2025] ATMO 2
Cases Citing This Decision
2
Sekkoia S.a.s v Shanghai Bloks Technology Group Co., Ltd
[2025] ATMO 2
Mattel, Inc. v Shanghai Bloks Technology Group Co., Ltd
[2025] ATMO 3
Cases Cited
10
Statutory Material Cited
4
Austereo Pty Ltd v DMG Radio (Australia) Pty Ltd
[2004] FCA 968
Cantarella Bros Pty Limited v Modena Trading Pty Limited
[2014] HCA 48
Clark Equipment Co v Registrar of Trade Marks
[1964] HCA 55