Bass & Flinders Distillery Pty Ltd

The Hearing Officer considered an application for a trade mark by Bass & Flinders Distillery Pty Ltd. The dispute concerned the registrability of the trade mark, with the examiner having raised a ground for refusal under section 41 of the *Trade Marks Act 1995* (Cth).

The primary legal issue before the Hearing Officer was whether the proposed trade mark was inherently adapted to distinguish the applicant's goods, specifically brandy, from the goods of other traders. This involved assessing the examiner's objection that the mark might be descriptive or too generic.

The Hearing Officer accepted the applicant's explanation that the inspiration for the trade mark was the soils of Red Hill in Victoria, as clarified in a declaration not seen by the examiner. Taking all relevant factors into account, the Hearing Officer found that the trade mark was inherently adapted to distinguish the applicant's brandy. Consequently, the Hearing Officer was not satisfied that there were grounds for rejection under section 33(1) of the Act.

The Hearing Officer accepted the application for registration.