Wella Aktiengesellschaft, Re

This matter concerned an application by Wella Aktiengesellschaft, a German manufacturer of hair products, to register the trade mark PERFECTLY YOU for goods in International Class 3, including soaps, perfumery, cosmetics, and hair preparations. The examiner objected to the mark under section 24(1) of the Trade Marks Act, asserting that the words directly referred to the quality of the goods and were laudatory. Following the examiner's continued objection through four reports, Wella's agent requested a hearing before a delegate of the Registrar of Trade Marks.

The legal issues before the delegate were whether the trade mark PERFECTLY YOU had a direct reference to the character or quality of the goods for which registration was sought, and consequently, whether it was capable of distinguishing Wella's goods from those of other traders. Wella's agent argued that the phrase was either used mockingly or was an impossible claim of universal suitability, rendering it incapable of direct reference or distinctiveness. The delegate was required to consider the meaning and application of the phrase in relation to the nominated goods and the principles established in relevant case law, particularly *W. & G. Du Cross* and *Mark Foy's Ltd. v Davies Coop & Co Ltd*.

The delegate reasoned that while the phrase PERFECTLY YOU could be used ironically, its primary and generally understood meaning was that the goods would suit the consumer perfectly. This was considered a direct and laudatory reference to the quality of the goods, making it a description that other traders might also wish to use to promote their products. The delegate found that for a wide range of Class 3 goods, the expression was an apt and appealing description, capable of being used by any trader to recommend their products as suitable for all customers. Therefore, the mark was not considered distinctive and failed the tests for registration under both Part A and Part B of the Act.

Consequently, the delegate refused to register trade mark application number 583779.