Kefir Culture Natural Pty Ltd v Societe Des Produits Nestle SA

Kefir Culture Natural Pty Ltd (the applicant) sought to register a trade mark for the word "KEFIR CULTURE" in relation to dairy products. Societe Des Produits Nestle SA (the opponent) opposed this application, arguing that the proposed mark was descriptive of the goods and therefore not registrable under the *Trade Marks Act 1995* (Cth). The matter proceeded to the Federal Court of Australia.

The primary legal issue before the Court was whether the trade mark "KEFIR CULTURE" was inherently adapted to distinguish the applicant's goods from those of other persons, or whether it was merely descriptive of the goods in question. This involved an assessment of the ordinary signification of the words "kefir" and "culture" in the context of dairy products.

The Court considered the common understanding of "kefir" as a fermented milk drink and "culture" as referring to the starter culture used in its production. It found that the combination of these words directly described the nature of the goods, namely dairy products that are a kefir culture or made using a kefir culture. Consequently, the Court concluded that the mark lacked the necessary distinctiveness to be registered as a trade mark.

The application for registration of the trade mark "KEFIR CULTURE" was dismissed.