Hansman v Regal Shoe Company [1912] HCA 82; (1912) 15 CLR 529 (14 November 1912)

HIGH COURT OF AUSTRALIA

Abraham Hansman Applicant; and Regal Shoe Company Respondents.

H C of A

Motion for Rectification of Register of Trade Marks.

14 November 1912

Isaacs J.

Leverrier K.C. and R. H. Long-Innes, for the applicant.

Langer Owen K.C. and J. A. Ferguson, for the respondent company,

Isaacs J.

referred to In re Australian Milk Ferment Proprietary[1]. The Court cannot direct the Registrar to register, and so deprive the public of the right to be heard. Sec. 25 does not give an independent and summary jurisdiction to the Court, but is a restriction on the Registrar. Application must be made to him in the first instance and the ordinary procedure on trade mark applications followed, and the Registrar may refer the matter to the Court ultimately under sec. 25. Otherwise the protection intended by the Act to be given to the public by means of publication and notice would be lost.

Leverrier K.C. In deference to your Honor's ruling we withdraw our application under sec. 28 for leave to amend.

Application withdrawn.

Solicitors, for applicant, Mark Mitchell & Forsyth.

Solicitors, for respondents, Barnes & Laurence.

[Ex relatione J. A. Ferguson, Esq., Barrister-at-Law.]

[1] [1909] HCA 40; 8 C.L.R., 460.