Re Trade Mark Application number 1790252 (35,44) Ramsay Pharmacy in the name of Ramsay Health Care Investments Pty Limited

This decision concerns an application by Ramsay Health Care Investments Pty Limited for registration of the trade mark "Ramsay Pharmacy" in relation to pharmacy services. The application was opposed. The hearing officer, Debrett Lyons, was tasked with determining whether the trade mark should be accepted for registration.

The primary legal issue was whether the trade mark "Ramsay Pharmacy" was capable of distinguishing the services offered by the applicant from the services of other traders, as required by the relevant provisions of the *Trade Marks Act*. This involved considering the extent of use of the trade mark and its inherent adaptiveness to distinguish.

The hearing officer found that while some of the material exhibited by the applicant included a logo or design element in addition to the words "Ramsay Pharmacy", this did not necessarily preclude registration. Taking into account the evidence of use across a wide network of pharmacy stores, the inherent distinctiveness of the words themselves, and the applicant's existing use of "Ramsay"-formative marks in its core business, the hearing officer concluded that the trade mark should be registered.

The application was accepted subject to an endorsement that the provisions of section 41(4) of the *Trade Marks Act* were applied.