TECHNIP ENERGIES FRANCE

This decision concerns an application by Technip Energies France for an international registration of a trade mark to be extended to Australia. The application was opposed by an unnamed party on the grounds that the trade mark was a direct reference to the character or quality of the goods and services for which it was sought to be registered, pursuant to section 41 of the *Trade Marks Act 1995* (Cth). The hearing officer, Debrett Lyons, was tasked with determining whether this ground of opposition was established.

The central legal issue before the hearing officer was whether the trade mark, as applied for, possessed an ordinary signification that directly referred to the character or quality of the relevant goods and services. This required an assessment of the common meaning or meanings of the trade mark in the context of the goods and services.

The hearing officer found that the trade mark did not have an ordinary signification that directly referred to the character or quality of the goods and services. Relying on ordinary dictionary definitions and the material presented by the opponent, the hearing officer concluded that no particular ordinary signification could be identified, let alone one that would amount to a direct reference to the character and quality of the holder's goods and services. Consequently, the hearing officer did not need to consider the second step of the test established in *Cantarella Bros Pty Ltd v Modus Projects Pty Ltd* [2014] FCA 1042.

As the hearing officer was not satisfied that a ground for rejecting the international registration application existed under section 41 of the Act, the application was accepted for possible extension of protection in Australia. The hearing officer, acting as a delegate of the Registrar, accordingly accepted the application and notified the International Bureau.