Proposed revocation of acceptance of trade mark application number 2152027 (35, 41) – RV 24/7 - in the name of Campfire Creative Agency Pty Ltd

This matter concerned an application by Campfire Creative Agency Pty Ltd for the trade mark RV 24/7, filed in classes 35 and 41. The Registrar of Trade Marks sought to revoke the acceptance of this application. The decision was made by Deputy Commissioner Louise Tuohy.

The primary legal issue before the Deputy Commissioner was whether it was reasonable to revoke the acceptance of the trade mark application under section 38 of the *Trade Marks Act 1995* (Cth). This involved considering whether the application met the requirements of section 41 of the Act, which pertains to the distinctiveness of a trade mark.

The Deputy Commissioner reasoned that the trade mark RV 24/7, when considered in relation to the services applied for, was not inherently adapted to distinguish the applicant's goods or services. The term "RV" is a common abbreviation for recreational vehicles, and "24/7" denotes continuous availability. Therefore, the mark was considered descriptive of services related to recreational vehicles that are available at all times. Consequently, the Deputy Commissioner found it reasonable to revoke the acceptance of the application.

The application was returned to the examination stage for further consideration.