Hilton Worldwide Holding LLP

This matter concerned a trade mark application by Hilton Worldwide Holding LLP for the mark "TAPESTRY" in relation to services in class 41. The application was opposed by a third party.

The primary legal issue before the Court was whether the trade mark "TAPESTRY" was capable of distinguishing the services of Hilton Worldwide Holding LLP from the services of other persons, as required by section 41 of the *Trade Marks Act 1995* (Cth).

The Court considered the evidence and submissions regarding the common usage of the word "tapestry" in relation to services, particularly in the context of entertainment and cultural events. It was determined that, in its ordinary signification, the word "tapestry" could be descriptive of a diverse collection or range of services. However, the Court also considered whether the applicant had demonstrated that the mark had acquired distinctiveness through use. Ultimately, the Court found that the trade mark was not inherently capable of distinguishing the applicant's services. Nevertheless, the Court allowed an amendment to the specification of services, and upon this amendment, the trade mark application was accepted.