Re Trade Mark Application number 1983275 (35, 37) - Caravan Fix in the name of Action Smart Group IP Pty Ltd

This decision concerns a trade mark application for "Caravan Fix" filed by Action Smart Group IP Pty Ltd. The application sought registration for services in Classes 35 and 37, including retail and wholesale services, advertising, business management, automotive repair, and vehicle maintenance. The Hearing Officer, Debrett Lyons, was tasked with determining whether the trade mark should be accepted or rejected.

The primary legal issue before the Hearing Officer was whether the trade mark "Caravan Fix" was registrable under the *Trade Marks Act 1995* (Cth). Specifically, the Hearing Officer had to consider if the mark possessed sufficient distinctiveness, either inherently or through acquired distinctiveness, to warrant registration, or if there were grounds for rejection under the Act.

The Hearing Officer found that the trade mark should be refused under section 41(4) of the Act due to insufficient evidence of acquired distinctiveness. The Hearing Officer noted that the application covered services in both Class 35 and Class 37, and that a failure in one class could lead to the failure of the entire application, as per the principles established in *Apple Inc. v Registrar of Trade Marks*. Consequently, the Hearing Officer rejected the application as a whole, but acknowledged the applicant's request to file a divisional application for the remaining Class 35 services and reminded the applicant of the timeframes for doing so.