Amazon Technologies, Inc.

This matter concerned trade mark application number 1647857, filed by Amazon Technologies, Inc. The application sought registration of a trade mark, and the Registrar of Trade Marks had raised an objection under section 41 of the *Trade Marks Act 1995* (Cth), which relates to the ordinary signification of a trade mark. The Hearing Officer was tasked with determining whether this objection was valid.

The central legal issue before the Hearing Officer was whether the ordinary signification of the trade mark was a direct reference to the specification of goods and services for which it was sought to be registered. This required an assessment of the inherent meaning and common understanding of the trade mark in relation to the proposed use.

The Hearing Officer found that the ordinary signification of the trade mark was not a direct reference to the specification. Applying the principles established in cases such as *Cantarella Bros Pty Ltd v Mod Eva Pty Ltd*, the Hearing Officer concluded that the section 41 enquiry concluded with this finding. Consequently, the ground for rejection under section 41 was not established.

The Hearing Officer therefore directed the registration of trade mark application number 1647857.