Southerly Change Drinks Pty Ltd

Southerly Change Drinks Pty Ltd sought to register the trade mark "Southerly Change" for alcoholic beverages. The application was opposed by a competitor, who argued that the mark was not capable of distinguishing their goods from those of other traders. The matter proceeded to the Federal Court of Australia.

The primary legal issue before the Court was whether the trade mark "Southerly Change" was capable of distinguishing the goods of Southerly Change Drinks Pty Ltd from the goods of other persons, as required by section 41 of the *Trade Marks Act 1995* (Cth). This involved an assessment of the inherent distinctiveness of the mark in relation to the specified goods.

The Court considered the ordinary meaning of the words "southerly change" and their potential descriptive or geographical connotations in the context of beverages. It reasoned that while the words might evoke a sense of place or a change in weather, they did not inherently describe the origin, quality, or characteristics of alcoholic beverages. The Court concluded that the mark possessed sufficient inherent adaptability to distinguish the applicant's goods and was therefore capable of registration.