Pelago Bioscience AB

This decision concerns an application by Pelago Bioscience AB for an International Registration Designating Australia (IRDA). The Hearing Officer, Nicholas Smith, was tasked with determining whether to accept or reject the IRDA.

The central legal issue before the Hearing Officer was whether the IRDA should be rejected under section 41 of the *Trade Marks Act 1995* (Cth). This section pertains to the distinctiveness of trade marks, requiring them to be inherently adapted to distinguish the applicant's goods or services.

The Hearing Officer found that the trade mark was not inherently adapted to distinguish the goods and services for which it was sought, and crucially, there was no evidence of use presented. Consequently, the Hearing Officer was satisfied that grounds for rejection existed under section 41(3) of the Act. Applying regulation 17A.24, which mandates rejection when grounds for doing so are established, the Hearing Officer rejected the IRDA. The Hearing Officer also directed that if a notice of appeal were filed within one month, the disposition of the IRDA would be in accordance with the Court's subsequent direction or order.