Openfit, LLC

This decision concerns trade mark application number 2180786, filed in the name of Openfit, LLC, for the mark "600 SECS" in class 41, relating to designated services. The application was opposed by the Registrar of Trade Marks.

The primary legal issue before the Hearing Officer was whether the claimed mark, "600 SECS", was inherently adapted to distinguish the designated services, as required by section 41 of the *Trade Marks Act 1995* (Cth). No evidence of use of the mark had been filed by the applicant.

The Hearing Officer found that the claimed mark was only to some extent, and not sufficiently, inherently adapted to distinguish the designated services. Given the absence of evidence of use, the Hearing Officer did not consider the combined effect of inherent adaptation, use, or intended use. Consequently, the Hearing Officer was satisfied that there was a ground for rejecting the application under section 41 of the Act.

In accordance with section 33(3) of the Act, the Hearing Officer rejected trade mark application number 2180786. However, a direction was made that if a notice of appeal is served on the Registrar within one month of the decision, the disposition of the application should be in accordance with the Court's order or direction.