Trade mark application number 1985076 (14, 18 and 25) - LOCALE - in the name of Internet Services Australia 1 Pty Limited

This matter concerned an application by Internet Services Australia 1 Pty Limited for the registration of the trade mark LOCALE in classes 14, 18, and 25. The application was opposed by the Registrar of Trade Marks under section 33(4) of the *Trade Marks Act 1995* (Cth), which requires a trade mark to be distinctive and not deceptive. The hearing officer, Louise Tuohy, considered the application and opposition.

The primary legal issue before the hearing officer was whether the trade mark LOCALE was sufficiently distinctive to warrant registration in relation to the specified goods and services, or if it was likely to be perceived by the relevant public as a descriptive term. This involved an assessment of whether the mark was inherently adapted to distinguish the applicant's goods and services from those of other traders.

The hearing officer reasoned that the word "locale" is a common English word meaning a place or locality. Given the applicant's proposed use of the mark in relation to a wide range of goods and services, including clothing, accessories, and potentially other items associated with a particular place or origin, the hearing officer concluded that the mark was likely to be perceived as descriptive rather than distinctive. The mark did not possess any inherent or acquired distinctiveness that would allow it to function as a trade mark in the ordinary course of trade.

Consequently, the hearing officer found that the trade mark LOCALE was not capable of registration under the *Trade Marks Act 1995* and ordered that the application proceed to acceptance.