Trade mark application number 2433531 (class 36) – SALAAM - in the name of Crescent Wealth Super Member Services Pty Ltd.

This matter concerned trade mark application number 2433531, for the mark SALAAM, filed by Crescent Wealth Super Member Services Pty Ltd in class 36. The application was examined by the Registrar of Trade Marks, and the hearing officer, Nicole Worth, was required to determine whether to accept or reject the application.

The primary legal issue before the hearing officer was whether the trade mark SALAAM was inherently adapted to distinguish the applicant's services from those of other traders, as required by section 41 of the *Trade Marks Act 1995* (Cth). Specifically, the hearing officer had to consider if the ordinary signification of the word SALAAM would give rise to a ground for rejection under section 41(4) of the Act, which relates to the ordinary signification of a trade mark.

The hearing officer reasoned that the ordinary signification of the word SALAAM was unrelated to the financial services offered by the applicant. Consequently, other traders were unlikely to have a legitimate desire to use the mark in relation to similar services. Based on this assessment, the hearing officer was satisfied that the trade mark was inherently adapted to distinguish the applicant's services.

Accordingly, the hearing officer accepted trade mark application number 2433531, and the applicant was to be notified of the acceptance.