Ab Initio Software LLC

This decision concerns an application by Ab Initio Software LLC for an International Registration of a trade mark (IRDA) designating Australia. The dispute arose from the examination of the IRDA by a delegate of the Registrar of Trade Marks. Ab Initio Software LLC, the holder of the IRDA, had previously been given an opportunity to be heard but instead requested that the matter be decided on the written record.

The legal issue before the delegate was whether the applied-for trade mark, specifically a ">" symbol, was capable of distinguishing the designated goods and services, as required by section 41 of the relevant Act. The delegate was required to determine if there were grounds for rejecting the IRDA based on this assessment.

The delegate's reasoning focused on the inherent distinctiveness of the ">" symbol in relation to the goods and services offered by Ab Initio Software LLC. These goods and services were described as specialised computer programs for processing very large volumes of data, along with ancillary support services, primarily sold directly to large corporations in various industries. The delegate noted that while Ab Initio Software LLC used a family of trade marks incorporating a ">" symbol, and had established a reputation in a niche IT market, the applied-for symbol itself was not considered sufficiently distinctive to distinguish the specific goods and services. Consequently, the delegate concluded that the ">" symbol was not capable of distinguishing the designated goods and services.

In accordance with subregulation 17A.24(3) of the Regulations, the delegate rejected trade mark application number 1080099, International Registration number 862298. Both the holder and the International Bureau were to be notified of this decision.