Tallevine Pty Ltd and Registrar of Trade Marks

In proceedings before the Trade Marks Tribunal, Tallevine Pty Ltd sought to oppose the registration of a trade mark. Two companies, Ford Motor Company and Ford Motor Company of Australia Limited, applied to be joined as parties to the opposition proceedings.

The Tribunal was required to determine whether the interests of the joinder applicants were affected by the proceedings and, if so, whether the discretion to join them as parties should be exercised in their favour.

Deputy J W Constance P reasoned that both Ford Motor Company and Ford Motor Company of Australia Limited possessed existing trade marks incorporating the word "RAPTOR". Given that these companies would likely allocate resources to oppose the registration of the trade mark in question and that genuine issues would arise for determination between the parties, the Tribunal concluded that its discretion under subsection 30(1A) of the relevant legislation should be exercised in favour of the applicants.

Accordingly, the Tribunal ordered that Ford Motor Company and Ford Motor Company of Australia Limited be made parties to the proceedings.