Green Canpump Inc.

The applicant, Green Canpump Inc., sought registration of a trade mark. The delegate of the Registrar of Trade Marks considered a request to be heard under s 33(4) of the *Trade Marks Act 1995* (Cth) concerning a ground for rejection under s 41 of the Act.

The primary legal issue before the delegate was whether the trade mark was inherently distinctive and capable of registration, having regard to the provisions of s 41 of the *Trade Marks Act 1995* (Cth).

In reaching the decision, the delegate considered s 33(1)(b) of the Act. The delegate found that the trade mark was inherently distinctive and therefore capable of registration. Consequently, the delegate was not satisfied that there were grounds for rejection.

The delegate accepted the Application for registration of the trade mark.