Half Price Blinds Pty Ltd

This matter concerned trade mark applications by Half Price Blinds Pty Ltd that had been rejected by the Registrar. The applicant requested a hearing pursuant to section 33(4) of the *Trade Marks Act 1995* (Cth). The hearing was conducted by Louise Tuohy.

The court was required to determine whether the trade marks in question were inherently adapted to distinguish the applicant's goods or services, as provided for under section 41 of the Act. This involved considering the legislative framework surrounding trade mark registration and the criteria for a mark to be capable of distinguishing.

The court noted that amendments to section 41 of the Act were not intended to alter the fundamental concepts of "inherently adapted to distinguish" or "capable of distinguishing." The court applied the established judicial tests for these concepts, which require an assessment of whether a trade mark is inherently capable of differentiating the applicant's goods or services from those of other persons. The court considered the evidence presented, including declarations from various individuals associated with the applicant and its advertising and creative agencies, as well as written submissions. The court's reasoning focused on the inherent distinctiveness of the trade marks themselves, in accordance with the statutory provisions.