Renaud Cointreau & Cie, Re

[1992] ATMO 76

TRADE MARKS ACT 1955

DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS

Re:     Application number 534174 to register a trade mark in the name of RENAUD COINTREAU & CIE

This application was the subject of a hearing before me in Sydney on 4th March, 1992.   As a result of that hearing I issued a decision on this application on 21st August, 1992 concluding that the words CORDON BLEU in the mark were inherently unadapted to distinguish and therefore should be disclaimed in either Part A or Part B of the Register even if the evidence of use of the subject mark established distinctiveness in fact.

Consequently, I allowed the applicant two months from the date of the decision to consent to a disclaimer of the exclusive use of the words CORDON BLEU to enable this application to proceed to acceptance in Part B of the Register to which it had been transferred upon instructions from the applicant.   The applicant was also required to place in order the specification of services as discussed at the hearing.

The time indicated has now expired with no advice having been received on behalf of the applicant.   I therefore now refuse registration of application 534174 in either Part A or Part B of the Register.

V. Zars
Senior Examiner
1 December 1992