Guangzhou Pharmaceutical Holdings Limited

This decision concerns trade mark application number 933915, filed by Guangzhou Pharmaceutical Holdings Limited. The application was heard by Tabatha Klippan, a Senior Examiner in Trade Marks Hearings. The dispute centred on whether the trade mark, as applied for, was capable of distinguishing the goods for which it was intended.

The primary legal issue before the Senior Examiner was to determine if the subject trade mark, at the time of the application or at any point in the future, would be capable of distinguishing the goods claimed. This required an assessment of the inherent distinctiveness of the mark in relation to the specified goods.

The Senior Examiner concluded that, based on the material before her, she could not be satisfied that the trade mark possessed or would acquire the necessary capacity to distinguish the goods. Consequently, the trade mark application was rejected.