Entain Group Pty Ltd

This matter concerned a trade mark application by Entain Group Pty Ltd for the mark "QUADDIE COVER" in relation to services in Class 41. The application had been examined and a ground for rejection had been raised.

The legal issue before the Hearing Officer was whether the trade mark application should be accepted or rejected, specifically in light of potential grounds for rejection under section 41(4)(a) of the relevant Act. This section pertains to the registrability of trade marks, particularly concerning whether a mark is capable of distinguishing the applicant's goods or services.

The Hearing Officer considered the presumption of registrability and concluded that she was not satisfied that the first element of the ground for rejection existed with respect to all the services in the application. Applying section 33 of the Act, which mandates acceptance unless there are grounds for rejection, the Hearing Officer found no valid ground for rejection under subsection 41(4).

Consequently, the Hearing Officer accepted the trade mark application no. 2299366 in its entirety for possible registration.