JS & Co Pty Ltd v LAB35 Pty Ltd

JS & Co Pty Ltd opposed the registration of the trade mark application number 2079655, "Rate my Rate," in class 35, by LAB35 Pty Ltd before the Australian Trade Marks Office. The opposition concerned the registrability of the proposed mark.

The primary legal issue before the Registrar was whether the trade mark "Rate my Rate" was inherently adapted to distinguish the services of LAB35 Pty Ltd from the services of other traders, as required by section 41(1) of the *Trade Marks Act 1995* (Cth). This involved considering whether the mark was descriptive of the services offered, specifically in relation to rating or reviewing services.

The Registrar determined that the mark "Rate my Rate" was descriptive of services that involve the assessment or evaluation of something, such as a rate or a service. The Registrar reasoned that the ordinary meaning of the words "rate" and "my rate" directly conveyed the nature of the services LAB35 Pty Ltd intended to offer, namely, a platform for users to rate or review services or products. Consequently, the mark lacked the necessary inherent adaptability to distinguish the applicant's services from those of competitors, as it would be unfair to grant exclusive rights to such a descriptive term.

The opposition was therefore upheld, and the trade mark application was refused registration.