Levi Strauss & Co v Harson International Limited

Levi Strauss & Co (the applicant) sought to register the trade mark "501" in relation to clothing. Harson International Limited (the respondent) opposed this registration. The matter came before the Australian Trade Marks Office.

The primary legal issue for determination was whether the trade mark "501" was inherently adapted to distinguish the applicant's goods from the goods of other persons. The respondent argued that "501" was a common numerical designation and therefore not distinctive.

The hearing officer considered the evidence presented by both parties. The applicant provided extensive evidence demonstrating that "501" had acquired distinctiveness through extensive use and promotion in relation to their jeans. This evidence included sales figures, advertising expenditure, and consumer surveys. The hearing officer found that, despite the numerical nature of the mark, the applicant had successfully established that "501" had become distinctive of their goods in the minds of the relevant public.

The opposition was therefore dismissed, and the trade mark "501" was allowed to proceed to registration.