NovAtel

The applicant, NovAtel Inc., sought judicial review of a decision by the Registrar of Trade Marks to reject its application for registration of the trade mark "NovAtel" for goods and services in classes 9 and 42. The dispute concerned the Registrar's satisfaction that the application was not in accordance with the relevant regulations and that there were grounds for rejection. The matter came before Iain Thompson.

The primary legal issue before the court was whether the Registrar had erred in law in rejecting NovAtel's trade mark application. This required the court to consider the interpretation and application of regulation 17A.24 of the relevant trade marks regulations, specifically the conditions under which the Registrar must accept or may reject an application for an "IRDA" (presumably an International Registration Designating Australia).

The court's reasoning focused on the wording of regulation 17A.24. The Registrar is obliged to accept an IRDA unless satisfied of specific grounds for rejection, namely that it is not in accordance with the Division or that there are grounds for rejection. The Registrar may also accept an IRDA subject to conditions. In this instance, the Registrar indicated an intention to accept the trade marks for possible protection, suggesting that the grounds for rejection were not met to the requisite degree.

Consequently, the court indicated that it would accept the trade marks for possible protection, implying a decision in favour of NovAtel Inc. and setting aside the Registrar's initial rejection.