Flexiroof Limited

This matter concerned an application by Flexiroof Limited to register the trade mark "FLEXIROOF" for goods. The application was heard by Hearing Officer Nicholas Smith.

The primary legal issue before the Hearing Officer was whether the trade mark "FLEXIROOF" was sufficiently inherently adapted to distinguish the applicant's goods, as required by section 41 of the *Trade Marks Act 1995* (Cth).

The Hearing Officer reasoned that the mark "FLEXIROOF" was not inherently adapted to distinguish the applicant's goods because it was descriptive of the nature of the goods, likely relating to flexible roofing materials. As the applicant had not provided evidence of use, intended use, or other circumstances demonstrating distinctiveness, the Hearing Officer found that section 41(4) of the Act applied. Consequently, the application was rejected under section 41 of the Act, as per the Registrar's obligation under section 33(3) when grounds for rejection are established.