Conair Corporation v Xialei Yu
Case
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[2015] ATMO 32
•22 April 2015
Details
AGLC
Case
Decision Date
Conair Corporation v Xialei Yu [2015] ATMO 32
[2015] ATMO 32
22 April 2015
CaseChat Overview and Summary
Conair Corporation (the opponent) opposed the application by Xialei Yu (the applicant) to register the trade mark "AIR STYLE" in class 3. The matter came before Debrett Lyons, who was acting as the Registrar of Trade Marks.
The Registrar was required to determine whether to refuse or register the trade mark, having regard to the grounds on which the application was opposed and the extent to which those grounds had been established.
The Registrar's decision was to refuse to register the trade mark. As the opponent was successful in its opposition, the Registrar awarded costs against the applicant, to be calculated in accordance with Schedule 8 of the Regulations.
The Registrar was required to determine whether to refuse or register the trade mark, having regard to the grounds on which the application was opposed and the extent to which those grounds had been established.
The Registrar's decision was to refuse to register the trade mark. As the opponent was successful in its opposition, the Registrar awarded costs against the applicant, to be calculated in accordance with Schedule 8 of the Regulations.
Details
Key Legal Topics
Areas of Law
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Intellectual Property
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Administrative Law
Legal Concepts
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Costs
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Statutory Construction
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Remedies
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Cases Citing This Decision
0
Cases Cited
6
Statutory Material Cited
0
Registrar of Trade Marks v Woolworths
[1999] FCA 1020
McCormick & Company Inc v McCormick
[2000] FCA 1335