Griffith Hack wins for the Commonwealth, States and Territories in Full Court trade mark case

30 November 2017

Griffith Hack has successfully represented the Crowns in right of the Commonwealth, States and Territories (the Crown) in a Full Court trade mark case against Primary Health Care Limited.

In 2009, Primary Health Care Limited filed trade mark applications to register the PRIMARY HEALTH CARE word mark and fancy mark in class 35.

The Crown opposed the registration of the trade marks under sections 41, 42 and 43 of the Trade Marks Act 1995 (Cth).

In 2014, the Delegate of the Registrar of Trade Marks refused registration of the trade marks under section 43.

Primary Health Care Limited appealed this decision to the Federal Court of Australia. The Crown was a respondent in this proceeding, and was represented by Griffith Hack.                                                                                      

In April 2016, Jagot J of the Federal Court delivered judgment in Primary Health Care Limited v Commonwealth of Australia [2016] FCA 313, dismissing Primary Health Care Limited’s appeal, and refusing to register the trade marks under sections 41, 42 and 43 of the Trade Marks Act 1995 (Cth).

Primary Health Care Limited filed an application for leave to appeal to the Full Court.

On 9 November 2017, the Full Court (Greenwood, Katzmann and Rangiah JJ) delivered judgment in Primary Health Care Limited v Commonwealth of Australia [2017] FCAFC 174, granting Primary Health Care Limited leave to appeal, but dismissing Primary Health Care Limited’s appeal from the Federal Court judgment, which refused registration of the trade marks under sections 41, 42 and 43 of the Trade Marks Act 1995 (Cth).