Re Trade mark application number 1958479 (7, 16) - MLP - in the name of Miyakoshi Printing Machinery Co Ltd

This matter concerned an application for registration of the trade mark MLP, filed by Miyakoshi Printing Machinery Co Ltd. The application was heard ex parte before a Hearing Officer of the Registrar of Trade Marks. The central dispute revolved around whether the trade mark MLP was inherently adapted to distinguish the applicant's goods and services, as required by section 41 of the *Trade Marks Act 1995* (Cth), or if it should be rejected on the grounds that it lacked such distinctiveness.

The Hearing Officer was required to determine whether the trade mark MLP had an ordinary signification, and if not, whether it was inherently adapted to distinguish the applicant's goods and services. The question was whether the mark, potentially an acronym, possessed a meaning that would prevent it from functioning as a trade mark to identify the origin of the goods and services.

In reaching his decision, the Hearing Officer found that the trade mark MLP did not have an ordinary signification. Consequently, he concluded that the mark was inherently adapted to distinguish the applicant's goods and services. The Hearing Officer noted that even if there were any doubt regarding this inherent adaptability, the applicant would be entitled to rely on the presumption of registrability of its trade mark, citing *Registrar of Trade Marks v Woolworths*. Being satisfied that no grounds for rejection existed, the Hearing Officer accepted the application.