Trade Mark application number 2029538 (6) –PAVILION– in the name of Stratco (Australia) Pty Limited

This matter concerned trade mark application number 2029538 for the mark "PAVILION" filed by Stratco (Australia) Pty Limited. The application was before the Hearing Officer, Bianca Irgang, for a decision on whether to accept or reject it.

The primary legal issue was whether the trade mark application should be rejected on the grounds that the mark was not capable of distinguishing the applicant's goods or services at the relevant date, as provided for under section 41(3) of the *Trade Marks Act 1995* (Cth). The applicant had been given an opportunity to be heard, as required by section 33(4) of the Act, and had submitted evidence to overcome the potential ground for rejection.

The Hearing Officer was satisfied that, despite the evidence provided by the applicant, the trade mark was not capable of distinguishing the applicant's goods or services at the relevant date. Consequently, the Hearing Officer concluded that there were grounds for rejecting the application under section 41(3) of the Act.

Accordingly, the Hearing Officer rejected trade mark application number 2029538 in its entirety.