Neel's Electronic Pte Ltd v Charles Jourdan Holding AG: Certiorari Application for Trade Mark Opposition Extension
Neel's Electronic Pte Ltd applied to the High Court of Singapore for leave to apply for an Order of Certiorari to quash the decision of the Principal Assistant Registrar of the Registry of Trade Marks, which granted Charles Jourdan Holding AG an extension of time to file a Notice of Opposition to Neel's Electronic's trade mark application. The High Court granted Neel's Electronic leave to apply for the Order of Certiorari, finding that there was an arguable case that the Principal Assistant Registrar acted outside her powers.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Leave to apply for an Order of Certiorari granted.
1.3 Case Type
Intellectual Property
1.4 Judgment Type
Grounds of Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Neel's Electronic sought certiorari to quash the Registrar's decision to grant Charles Jourdan an extension to oppose a trade mark. Leave granted.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General | Other | Government Agency | Neutral | Neutral | Hema Subramaniam of Attorney-General’s Chambers |
| Neel's Electronics Pte Ltd | Applicant | Corporation | Leave to apply for an Order of Certiorari granted | Won | |
| Charles Jourdan Holding AG | Respondent | Corporation | Other | Other |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| S Rajendran | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Hema Subramaniam | Attorney-General’s Chambers |
| Dedar Singh Gill | Drew & Napier LLC |
4. Facts
- Neel's Electronics applied to register a trade mark on 10 October 1998.
- The trade mark application was published on 23 February 2001.
- Charles Jourdan failed to file a Notice of Opposition or apply for an extension by 23 April 2001.
- Charles Jourdan applied for an extension of time on 9 May 2001.
- The Principal Assistant Registrar granted the extension on 24 May 2001.
- A Certificate of Registration was erroneously issued to Neel's Electronics on 5 June 2001 and then recalled.
5. Formal Citations
- Re Neel's Electronic Pte Ltd, OS No 601099/2001, Re Neel's Electronic Pte Ltd[2001] SGHC 261
6. Timeline
| Date | Event |
|---|---|
| Application to register the trade mark was made. | |
| Trade mark application published in the Trade Marks Journal. | |
| Deadline for filing Notice of Opposition or applying for extension of time. | |
| Charles Jourdan applied for an extension of time to file the Notice of Opposition. | |
| Principal Assistant Registrar granted Charles Jourdan an extension of time. | |
| Certificate of Registration for the trade mark forwarded to Neel's Electronic Pte Ltd. | |
| Leave to apply for an Order of Certiorari granted. |
7. Legal Issues
- Extension of Time for Filing Notice of Opposition
- Outcome: The court granted leave to apply for certiorari, finding it arguable that the Registrar acted outside her powers in granting an extension of time after the prescribed period.
- Category: Procedural
- Sub-Issues:
- Compliance with time limits
- Registrar's discretion to grant extension
- Irregularity in procedure
- Registrar's Power to Correct Irregularities
- Outcome: The court found it arguable that the Registrar's discretion to correct irregularities could not be exercised where it caused detriment to a person.
- Category: Procedural
- Sub-Issues:
- Detriment to any person
- Waiver of non-compliance
8. Remedies Sought
- Order of Certiorari to quash the decision of the Principal Assistant Registrar
9. Cause of Actions
- Application for Order of Certiorari
10. Practice Areas
- Intellectual Property Law
- Certiorari
11. Industries
- Electronics
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| IRC v National Federation of Self-Employed | N/A | Yes | [1981] 2 All ER 93 | N/A | Cited for the court's duty in an application for leave to issue certiorari. |
| Chan Hiang Leng Colin & Ors v Minister for Information and the Arts | N/A | Yes | [1996] 1 SLR 609 | Singapore | Cited for the court's duty in an application for leave to issue certiorari. |
13. Applicable Rules
| Rule Name |
|---|
| Order 53 of the Rules of Court |
| Rule 29 of the Trade Marks Rules |
| Rule 29(1) of the Trade Marks Rules |
| Rule 29(3) of the Trade Marks Rules |
| Rule 29(8) of the Trade Marks Rules |
| Rule 83 of the Trade Marks Rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Trade Marks Act (Ch 332) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Certiorari
- Trade mark
- Notice of Opposition
- Extension of time
- Principal Assistant Registrar
- Registry of Trade Marks
- Irregularity
- Rules of Court
- Trade Marks Act
- Trade Marks Rules
15.2 Keywords
- trade mark
- certiorari
- extension of time
- opposition
- registrar
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Trademarks | 90 |
| Trade Marks Rules | 70 |
| Administrative Law | 60 |
16. Subjects
- Intellectual Property
- Trade Marks
- Civil Procedure