Trade mark application number 2033032 (30) – SNACKLES - in the name of Noshu Foods Pty Ltd

This matter concerned a trade mark application, number 2033032, for the mark SNACKLES, filed by Noshu Foods Pty Ltd. The application was opposed by Snack Foods Limited. The proceeding was brought under section 33 of the *Trade Marks Act 1995* (Cth) before Nicholas Barbey.

The primary legal issue before the delegate was whether the trade mark SNACKLES was inherently adapted to distinguish the goods of Noshu Foods Pty Ltd from the goods of other persons, as required by section 41(3) of the Act. This involved considering whether the mark had an "ordinary signification" in relation to the goods for which it was sought to be registered, namely confectionery, snack bars, and related food items.

The delegate reasoned that the term "snackles" did not have an ordinary signification in the English language, nor was it a word that would be readily understood by consumers to describe the nature or quality of the goods. While the applicant acknowledged the mark was a play on the word "snacks," the delegate found that it was not so obvious or descriptive as to lack inherent adaptability to distinguish. The delegate applied the principles that a trade mark is inherently adapted to distinguish if it is not descriptive or deceptively misdescriptive of the goods, and that a coined word or a word with no established meaning is generally considered to possess this quality.

The delegate concluded that the trade mark SNACKLES was inherently adapted to distinguish the goods of Noshu Foods Pty Ltd and therefore ordered that the opposition be dismissed and the trade mark application be accepted.