Astra Aktiebolaget v G D Searle & Co

Astra Aktiebolaget, the applicant, sought to register a trade mark for "Cardiac stimulant" in relation to pharmaceutical preparations for the treatment of cardiovascular diseases. G D Searle & Co, the opponent, opposed the registration. The matter came before the Registrar of Trade Marks, and subsequently, the applicant appealed to the Federal Court of Australia.

The primary legal issue before the Federal Court was whether the proposed trade mark "Cardiac stimulant" was inherently deceptive or misleading, and therefore disentitled to registration under section 26(a) of the Trade Marks Act 1955 (Cth). The court was required to consider whether the mark, when applied to the goods, would convey a false impression as to the nature, quality, or characteristics of those goods.

The court reasoned that the term "cardiac stimulant" is a descriptive term for a class of pharmaceutical preparations that stimulate the heart. It is not a coined or invented word, nor is it a word that has acquired a secondary meaning indicating a specific product of the applicant. Therefore, the court held that the mark was inherently deceptive because it would be understood by the public as a description of the goods themselves, rather than as a trade mark distinguishing the applicant's goods from those of other traders. The court applied the principle that a word which is merely descriptive of the goods cannot be registered as a trade mark.

The appeal was dismissed, and the applicant's application for registration of the trade mark "Cardiac stimulant" was refused.