Australian Professional Drag Racing Ltd v Australian National Drag Racing Association Limited

This decision concerns an opposition to the registration of a trade mark by Australian Professional Drag Racing Ltd (the Applicant) against the Australian National Drag Racing Association Limited (the Opponent). The matter was heard by a Hearing Officer of the Australian Trade Marks Office.

The primary legal issue before the Hearing Officer was whether the Applicant's proposed trade mark was sufficiently adapted to distinguish its goods and services, as required by section 41(3) of the relevant legislation. This involved determining the extent to which the trade mark was inherently adapted to distinguish the Applicant's offerings from those of other traders.

The Hearing Officer applied established principles from High Court authorities, including *Clark Equipment Company v Registrar of Trade Marks* and *Cantarella Bros Pty Limited v Modena Trading Pty Limited*. The court's reasoning focused on the "ordinary signification" of the words forming the trade mark to any person concerned with the relevant goods or services. The test is whether other traders, acting honestly, would likely need to use the word in connection with similar goods. Words that are prima facie entitled to a monopoly are considered inherently adapted to distinguish.