Trade Mark News & Information

Trademark Lawyers Australia – Federal Court – FPInnovation

FPInnovation Pty Ltd v Registrar of Trade Marks [2013] FCA 826 (16 August 2013)

Following an interlocutory application by the Registrar, the Court dismissed proceedings commenced by FPInnovation seeking judicial review of the Registrar’s decision to revoke registration and acceptance of various trade mark applications.

The Court referred with approval to 1-800-Flowers.Com Inc v Registrar of Trade Marks [2012] FCA 209 and considered it appropriate for the relevant trade mark applications to be re-examined and for the review procedure prescribed by the Trade Marks Act (which includes a right of appeal) to run its course, rather than entertain judicial review of the Registrar’s decision to revoke.