Re Reginald Stanley's Application for a Trade Mark

This matter concerned an application made to the High Court by Reginald Stanley, an applicant for a patent, seeking an indulgence to extend the time for sealing letters patent. The application was made on notice to the Commissioner of Patents.

The primary legal issue before the Court was whether the applicant should be granted an extension of time for sealing the letters patent, and, importantly, whether the applicant should be ordered to pay the costs of the Commissioner of Patents, who attended the hearing.

Isaacs J., by consent of the parties, ordered that the applicant lodge five additional copies of the specification within seven days, and that the time for sealing the letters patent be extended for six months from the date of the order. Regarding costs, His Honour held that the applicant was required to pay the Commissioner's costs. The Court reasoned that the application was for an indulgence, and the Commissioner, in attending, was discharging his public duty and ensuring the Court could properly consider the public interest in relation to the proposed monopoly. The presence of the Commissioner was deemed necessary for the Court to fulfil its duty, and his costs were considered part of the necessary expenses incurred by the applicant in seeking the indulgence. The applicant was ordered to pay the Commissioner's costs, fixed at £5 5s.