Trade Mark application number 1818323 (16, 41, 42) – ISU INTERNATIONAL SPACE UNIVERSITY – in the name of "International Space University" - (ISU) (Association de droit local)

This matter concerned an appeal to the Federal Court of Australia from a decision of the Registrar of Trade Marks. The applicant, International Space University (ISU) (Association de droit local), sought to register the trade mark ISU INTERNATIONAL SPACE UNIVERSITY for services in classes 16, 41, and 42. The Registrar had refused the application on the grounds that the mark was not distinctive and was descriptive of the services offered.

The primary legal issue before the Court was whether the trade mark ISU INTERNATIONAL SPACE UNIVERSITY was capable of distinguishing the services of the applicant from those of other persons. Specifically, the Court had to consider whether the mark, when viewed as a whole, was inherently adapted to distinguish the applicant's services or whether it was too descriptive of the nature of those services, namely those relating to space education and research.

Justice Nicholas Smith found that the mark, when considered in its entirety, was not inherently adapted to distinguish the applicant's services. His Honour reasoned that the words "International Space University" clearly and directly described the nature of the services offered, which were educational and research-related in the field of space. While the acronym "ISU" might acquire some distinctiveness through use, the mark as a whole was considered to be descriptive and therefore not registrable under the relevant provisions of the *Trade Marks Act 1995* (Cth). The appeal was accordingly dismissed.