The Senior'S Choice, Inc v the Seniors Choi Ce (Australia) Pty Ltd

The Senior's Choice, Inc. (the applicant) sought to register a trade mark consisting of the words "The Senior's Choice" and a logo. The respondent, The Seniors Choi Ce (Australia) Pty Ltd, opposed this application. The dispute concerned the registrability of the applicant's trade mark.

The primary legal issue before the Hearing Officer was whether the applicant's proposed trade mark was distinctive and therefore capable of registration under the *Trade Marks Act 1995* (Cth). Specifically, the Hearing Officer had to consider whether the mark was deceptive or misleading, or whether it was too descriptive of the services offered.

The Hearing Officer found that the applicant's trade mark was not distinctive. He reasoned that the words "The Senior's Choice" were likely to be perceived by consumers as a generic description of services aimed at seniors, rather than an indication of the origin of those services. The inclusion of the logo did not, in his view, sufficiently alter the overall impression of descriptiveness. Consequently, the Hearing Officer concluded that the trade mark was not capable of registration.

The application for registration was refused.