Objection by Beckman Coulter Inc to referral of applications for removal of its trade marks 571344, 571345 and 571346 – ACCESS – classes 1, 5,10 - by GEN-PROBE INCORPORATED to the de novo appeal Federal Court...

Beckman Coulter Inc. objected to the referral of applications for the removal of its trade marks ACCESS (numbers 571344, 571345, and 571346) from the Register of Trade Marks, filed by GEN-PROBE INCORPORATED, to the Federal Court for a *de novo* appeal. The matter came before M Cooper.

The central legal issue was whether the applications for removal of the trade marks, based on non-use, should be referred to the Federal Court for a fresh hearing. This involved considering the nature of the applications and the appropriate procedural pathway for their determination.

The court determined that the applications should be referred to the Federal Court. This decision was based on the understanding that the process of removing trade marks for non-use under the *Trade Marks Act 1995* (Cth) contemplates a *de novo* appeal to the Federal Court, allowing for a full reconsideration of the matter. Consequently, the objection by Beckman Coulter Inc. was dismissed, and the applications were ordered to be referred.