International Registration Designating Australia number 2077923 (International Registration number 1522069) (12) – e:HEV (Stylised) in the name of Honda Motor Co., Ltd

Case

[2021] ATMO 103

16 September 2021


Details
AGLC Case Decision Date
International Registration Designating Australia number 2077923 (International Registration number 1522069) (12) – e:HEV (Stylised) in the name of Honda Motor Co., Ltd [2021] ATMO 103 [2021] ATMO 103 16 September 2021

CaseChat Overview and Summary

This matter concerned an application for the extension of protection to Australia of International Registration number 2077923, designating Australia, in the name of Honda Motor Co., Ltd. The application was brought ex parte under regulation 17A.24 of the Trade Marks Regulations 1995 (Cth).

The primary legal issue before the Registrar was whether there were grounds for rejecting the International Registration Designation of Australia (IRDA) under section 44 of the Trade Marks Act 1995 (Cth). This required the Registrar to determine if the IRDA was in accordance with the relevant provisions of the Act and Regulations, or if any grounds for rejection existed.

The Registrar considered the provisions of regulation 17A.24, which outlines the circumstances under which an IRDA must be accepted or rejected. After examination, the Registrar was satisfied that no grounds for rejection existed. Consequently, the Registrar determined that the extension of protection to Australia of IRDA number 2077923 should be granted.
Details

Areas of Law

  • Intellectual Property

  • Administrative Law

Legal Concepts

  • Statutory Construction

  • Jurisdiction

  • Remedies