Trade mark application number 1963540 (classes 36 and 39) – PRE ARRIVAL ASSESSMENT- in the name of Platinum Freight Management Pty Ltd.

This matter concerned an ex-parte application pursuant to section 33(4) of the *Trade Marks Act 1995* (Cth) before Hearing Officer Louise Tuohy. The applicant, Platinum Freight Management Pty Ltd, sought registration of the trade mark "PRE ARRIVAL ASSESSMENT" in classes 36 and 39. The application had been rejected by the Trade Marks Office.

The primary legal issue before the Hearing Officer was whether the trade mark "PRE ARRIVAL ASSESSMENT" was inherently adapted to distinguish the applicant's goods and services within the meaning of section 41 of the *Trade Marks Act 1995* (Cth). This required an assessment of whether the mark, at the time of filing, possessed the capacity to differentiate the applicant's offerings from those of other traders in the relevant market.

The Hearing Officer reasoned that the words "PRE ARRIVAL ASSESSMENT" were descriptive of a service that involves assessing goods or services prior to their arrival. Such a description would be readily understood by the public and would likely be used by competitors to describe similar services. Consequently, the mark was not considered to be inherently adapted to distinguish the applicant's services, as it lacked the necessary distinctiveness to function as a trade mark in the absence of acquired distinctiveness. The application was therefore rejected.