Accent Group Limited

Accent Group Limited sought to register the trade mark "ADAPTION" for clothing. The application was heard by Nicholas Smith, a Hearing Officer, who ultimately rejected the application.

The central legal issue before the Hearing Officer was whether the trade mark "ADAPTION" was inherently adapted to distinguish the applicant's goods, as required by section 41(4) of the relevant Act. This involved determining the correct test for assessing inherent adaptability, particularly in light of the potential for other traders to legitimately use the word in connection with similar goods.

The Hearing Officer applied the principles established in *Clark Equipment Co v Registrar of Trade Marks*, which requires consideration of whether other traders, acting with proper motives, might wish to use the mark in a manner that would infringe a registered trade mark. The Hearing Officer reasoned that the test must encompass any use a trader might fairly desire to make of the word, whether as a trade mark or for descriptive purposes. In this instance, "ADAPTION" was found to be descriptive of clothing, indicating that it is derived from or adapted from a similar product. The Hearing Officer concluded that other traders might legitimately need to use the word to describe their clothing, meaning it was not inherently adapted to distinguish the applicant's goods.

Consequently, as section 41(4) of the Act applied and in the absence of evidence of use, intended use, or other circumstances, the Hearing Officer rejected the application to register the trade mark.