Apple Inc.

This decision concerns an application by Apple Inc. for an International Registration Designating Australia (IRDA) to be accepted for possible extension of protection in Australia. The Hearing Officer, Nicholas Smith, acting as a delegate of the Registrar of Trade Marks, was tasked with determining whether to accept or reject the IRDA.

The primary legal issue before the Hearing Officer was whether the trade mark in question was a direct reference to the character or quality of the goods for which protection was sought, as per section 41 of the relevant Act. This required an assessment of whether the trade mark had an "ordinary signification" that would directly describe the goods.

The Hearing Officer found that the trade mark possessed multiple meanings, both generally and within the specific field of software development, which made it difficult to ascertain a single ordinary signification. Relying on the reasoning in a previous decision by Beach J, the Hearing Officer concluded that the trade mark did not have a signification that would amount to a direct reference to the character and quality of the Holder’s Goods. Consequently, the ground for rejection under section 41 of the Act was not established.

As the Hearing Officer was not satisfied that there were grounds for rejecting the IRDA, and in accordance with Regulation 17A.24, the IRDA was accepted for possible extension of protection in Australia.