Galipoglu Hidromas Hidrolik Otomotiv Sanayi Ve Ticaret Anomin Sirketi v HMS MYG B.v

The dispute before the Federal Court of Australia concerned an opposition to the extension of protection of an International Registration Designating Australia (IRDA) to Australia. The applicant was Galipoglu Hidromas Hidrolik Otomotiv Sanayi Ve Ticaret Anomin Sirketi, and the respondent was HMS MYG B.V. The court was required to determine whether to grant or refuse the extension of protection for the IRDA.

The central legal issue was whether the grounds on which the IRDA was opposed had been established to the extent that protection should be refused. Regulation 17A.34N of the Trade Marks Regulations 1995 (Cth) stipulated that the Registrar must decide to refuse protection or extend it, having regard to the established grounds of opposition.

The court found that the opponent had successfully established a ground of opposition. Consequently, the court refused to extend protection to Australia of IRDA 1985054. In accordance with the usual principle that costs follow the event, and seeing no reason to depart from this, the court awarded costs against the Holder. The quantum of these costs was to be determined in accordance with Schedule 8 of the Trade Marks Regulations 1995 (Cth).