Daimler Co Ltd v Registrar of Trade Marks [1914] HCA 91; (1914) 18 CLR 446 (14 September 1914)

HIGH COURT OF AUSTRALIA

H C of A

On appeal from the Registrar of Trade Marks.

14 September 1914

Griffith C.J., Isaacs, Gavan Duffy and Rich JJ.

Mann, for the appellants.

Schutt, for the respondent, the Registrar of Trade Marks.

Mann.

Griffith C.J.

On the construction of sec. 16 (1) (e) I think the correctness of the Registrar's decision is open to review by this Court, whether the matter is regarded as an appeal from the refusal of the Registrar to make an order that the word shall be deemed a distinctive mark, or as incidental to a refusal by the Registrar to grant an application for registration of the word as a trade mark, or as an original application to this Court.

Isaacs J.

I concur.

Gavan Duffy J.

I do not think that a sufficient opportunity has been given to me to determine the question, and therefore I express no opinion upon it.

Rich J.

I agree with what the Chief Justice has said.

Applicants agreeing to be bound by such conditions (if any) as may be proper for protecting the rights of any persons who had before the date of the applications bonâ fide used in the Commonwealth the word "Daimler" with respect to their goods, declare that for the purposes of the applications the mark applied for is to be deemed distinctive within sec. 16 (1) (e). Registrar to proceed with applications accordingly.

Solicitors, for the appellants, Blake & Riggall.

Solicitor, for the respondent, Gordon H. Castle.