Instant Consult Pty Ltd

This matter concerned a trade mark application by Instant Consult Pty Ltd for the mark "INSTANT CONSULT" in Class 44, which covers services relating to medical, nursing, and veterinary services. The application was opposed by a third party, and the delegate of the Registrar of Trade Marks refused the application. Instant Consult Pty Ltd then sought review of this decision in the Federal Court of Australia.

The primary legal issue before the Court was whether the trade mark "INSTANT CONSULT" was inherently adapted to distinguish the services offered by Instant Consult Pty Ltd from the services of other persons, as required by section 41(1) of the *Trade Marks Act 1995* (Cth). This involved considering whether the mark was descriptive of the services, particularly in light of the common use of the words "instant" and "consult" in the context of medical and health services.

The Court reasoned that the words "instant" and "consult" when used together in relation to medical services, were descriptive of the nature of those services, namely the provision of immediate or rapid consultation. The delegate had correctly identified that the mark was likely to be perceived by the public as a description of the services rather than an indicator of their origin. Therefore, the mark lacked the necessary inherent distinctiveness to be registered under section 41(1) of the Act.

The Court dismissed the appeal and affirmed the delegate's decision to refuse the trade mark application.