Trade mark application number 1977391 (class 6) – Quickfix in the name of Allegion (New Zealand) Limited.

This matter concerned a trade mark application, number 1977391, for the mark "Quickfix" in class 6, filed by Allegion (New Zealand) Limited. The application was considered by Tracey Berger, Hearing Officer, in a section 33 proceeding under the *Trade Marks Act 1995* (Cth).

The primary legal issue before the Hearing Officer was whether the trade mark "Quickfix" was capable of distinguishing the applicant's goods, as required by section 41 of the *Trade Marks Act 1995* (Cth). This involved assessing both the inherent adaptability of the mark to distinguish and the evidence of use and intended use of the mark in the Australian market.

The Hearing Officer considered that the mark was to some extent inherently adapted to distinguish the applicant's goods. In assessing the combined effect of this inherent quality with the evidence of use, the Hearing Officer found that the applicant had demonstrated significant use of the trade mark since August 2020. This use included substantial sales figures, extensive distribution through major hardware chains and direct engagement with developers, and a comprehensive advertising campaign across various media, including online, social media, and radio. Despite the relatively short period of use, the Hearing Officer was satisfied that the trade mark, due to its exposure through sales and promotion, was capable of distinguishing the applicant's goods.

Consequently, the Hearing Officer determined that the application could be accepted, subject to an endorsement on the Register indicating that it was considered under section 41(4) of the Act.