LEAFSCREENER – in the name of Grayson’s International Pty Ltd

This matter concerned a trade mark application for the word "LEAFSCREENER" in class 6, filed by Grayson’s International Pty Ltd. The application was opposed by the Registrar of Trade Marks. The hearing officer's decision to refuse registration was appealed to the Federal Court of Australia.

The primary legal issue before the Court was whether the trade mark "LEAFSCREENER" was, within the meaning of section 41(1) of the *Trade Marks Act 1995* (Cth), capable of distinguishing the goods of Grayson’s International Pty Ltd from the goods of other persons. This involved considering whether the term was inherently adapted to distinguish the goods or whether it had acquired distinctiveness through use.

The Court analysed the ordinary meaning of the words "leaf" and "screener" and concluded that the composite term "LEAFSCREENER" was descriptive of a device or product designed to screen or filter leaves. His Honour Nicholas Butson found that the term was not inherently adapted to distinguish the applicant's goods, as it directly described the function or purpose of the goods. Furthermore, the Court determined that there was insufficient evidence of acquired distinctiveness to overcome the descriptive nature of the mark.

Consequently, the appeal was dismissed, and the Court affirmed the Registrar's decision to refuse the registration of the trade mark "LEAFSCREENER".