Trade mark application number 2211606 (16, 36) – Cygnet West – in the name of Colliers International (WA) Pty Ltd

This matter concerned a request to be heard under section 33(4) of the *Trade Marks Act 1995* (Cth) in relation to a ground for rejection under section 41 of the Act, concerning trade mark application number 2211606, "CYGNET WEST", in the name of Colliers International (WA) Pty Ltd. The hearing officer, Nicholas Smith, acting as delegate of the Registrar of Trade Marks, was required to determine whether the trade mark was inherently adapted to distinguish the applicant's goods and services.

The primary legal issue was whether the trade mark "CYGNET WEST" was inherently adapted to distinguish the applicant's goods and services, as required by section 41 of the *Trade Marks Act 1995* (Cth). This involved considering whether the term "Cygnet West" had a geographical significance that other traders might legitimately need to use in relation to similar goods and services.

The hearing officer reasoned that even if a minority of relevant persons were aware of any geographic significance of "Cygnet", the absence of any locality known as "Cygnet West" made it highly unlikely that other traders would need to use this specific term for its geographical meaning in relation to similar goods and services. Consequently, the hearing officer was satisfied that the trade mark was inherently adapted to distinguish the applicant's goods and services from those of other traders. As no other grounds for rejection were established, the application was accepted for registration.