Raymond Hoser v Mark Pelley

Raymond Hoser opposed the registration of Mark Pelley's trade mark application number 2074739, which sought to register "THE SNAKE HUNTER 24/7 SNAKE CATCHER & Device" in classes 41 (education and entertainment services) and 44 (veterinary services and animal care). The opposition was heard by Tracey Berger.

The primary legal issue before the court was whether the trade mark application should be refused under section 58 of the *Trade Marks Act 1995* (Cth) on the grounds that it was deceptive or misleading. Specifically, the court had to determine if the proposed trade mark, when used in relation to the specified services, would deceive or be likely to deceive the public as to the nature, quality, or origin of those services.

In her reasoning, Tracey Berger considered the ordinary meaning of the words "snake hunter" and "snake catcher" and the inclusion of "24/7" and a device. The court found that the applicant's proposed use of the trade mark in relation to services involving the capture and removal of snakes, and potentially related animal care, was not inherently deceptive. The court concluded that the public would likely understand the mark to describe the services offered, rather than implying a specific origin or quality that was not met. Therefore, the opposition was dismissed.