Michael Hiscock, Robert Hayes and Jason Marler v Lee Wood , Larry Leach and Craig Rodger

Case

[1999] ATMO 98

24 September 1999


Details
AGLC Case Decision Date
Michael Hiscock, Robert Hayes and Jason Marler v Lee Wood , Larry Leach and Craig Rodger [1999] ATMO 98 [1999] ATMO 98 24 September 1999

CaseChat Overview and Summary

This decision concerns an opposition by Michael Hiscock, Robert Hayes, and Jason Marler to the registration of the trade mark MYRIAD, filed by Lee Wood, Larry Leach, and Craig Rodger. The application sought registration across classes 9, 16, 25, and 41.

The delegate of the Registrar of Trade Marks was required to determine whether to accept the trade mark application for registration, following an interim decision that provided the applicants with an opportunity to delete certain classes.

The delegate's reasoning was based on the applicants' failure to comply with the condition set in the interim decision. As the applicants did not apply to delete classes 9 and 41 from their application within the stipulated one-month period, the delegate refused to accept the trade mark application number 741837. This refusal is subject to any appeal that may be lodged.
Details

Areas of Law

  • Intellectual Property

  • Administrative Law

Legal Concepts

  • Appeal

  • Procedural Fairness

  • Judicial Review

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