Buchanan Turf Supplies Pty Ltd v Registrar of Trade Marks

In Buchanan Turf Supplies Pty Ltd v Registrar of Trade Marks, the applicant sought to register the term "SIR WALTER" as a trade mark for certain goods, including a variety of buffalo grass. The application was initially refused by a delegate of the Registrar of Trade Marks on the basis that the term "SIR WALTER" was not inherently adapted to distinguish the applicant's goods from those of other traders and had not distinguished the goods prior to the filing date of the application. The applicant appealed this decision.

The primary legal issue before the court was whether the term "SIR WALTER" was inherently adapted to distinguish the applicant's goods, specifically a variety of buffalo grass, and whether it had been used to distinguish the goods before the filing date of the application. The court had to consider the relevant statutory provisions and case law in determining whether the term was distinctive enough to be registered as a trade mark.

The court found that the term "SIR WALTER" was not inherently adapted to distinguish the applicant's goods from those of other traders, as it was the given and official name of the plant variety. The court also found that the term had not been used to distinguish the goods prior to the filing date of the application. The court dismissed the appeal and affirmed the delegate's decision, ordering that the application not proceed to acceptance unless it was amended by deleting the specification of goods in Class 31. The applicant was required to make any request in writing to the Registrar of Trade Marks for an amendment by a specified date, and was ordered to pay the respondent's costs.