Re: Opposition by The Better Drinks Co Limited to registration of trade mark application 1795187 (32) Honest Water in the name of Teavolution Pty Limited

The dispute before the Administrative Appeals Tribunal concerned an opposition by The Better Drinks Co Limited to the registration of the trade mark application 1795187, for the mark "Honest Water" in class 32, filed by Teavolution Pty Limited.

The Tribunal was required to determine whether the trade mark "Honest Water" was, at the time of filing the application, capable of distinguishing the goods of Teavolution Pty Limited from the goods of other persons. Specifically, the Tribunal considered whether the mark was inherently adapted to distinguish the applicant's goods, and whether it had acquired distinctiveness through use. The opposition was based on grounds including that the mark was not capable of distinguishing and that it was descriptive.

The Tribunal found that the term "Honest Water" was not inherently adapted to distinguish the applicant's goods. It reasoned that the word "honest" in relation to water would likely be perceived by consumers as conveying a message of purity, naturalness, or integrity, qualities that are desirable in water products. Therefore, the term was considered to be descriptive of the qualities of the water rather than being distinctive of the source of the goods. The Tribunal also considered evidence of use, but concluded that insufficient use had been demonstrated to establish acquired distinctiveness at the relevant time.

The Tribunal upheld the opposition and refused the registration of the trade mark application.