Grant Bloodstock Pty Ltd

Grant Bloodstock Pty Ltd sought to register a trade mark comprising a horse and foal device in classes 31, 35, 41, 43, and 44. The delegate of the Registrar of Trade Marks refused the application, and Grant Bloodstock Pty Ltd appealed this decision to the Federal Court of Australia.

The primary legal issue before the court was whether the proposed trade mark, a depiction of a horse and foal, was inherently adapted to distinguish the goods and services of Grant Bloodstock Pty Ltd from those of other persons, as required by section 41(1) of the *Trade Marks Act 1995* (Cth). This involved considering whether the mark was too descriptive or generic in relation to the specified classes, particularly those relating to horses and related services.

The court considered the nature of the mark and the goods and services for which registration was sought. It was held that the device, while depicting a horse and foal, was not so inherently descriptive or generic as to be incapable of distinguishing the applicant's offerings. The court reasoned that the specific artistic representation and its use in commerce could acquire distinctiveness. The delegate's decision was set aside, and the matter was remitted to the Registrar for further consideration.