Wesbeam Holdings Limited

This matter concerned an application by Wesbeam Holdings Limited for registration of a trade mark, specifically the colour blue (Pantone 3015U), for designated goods. The application was opposed, and the hearing officer, Louise Tuohy, was required to determine whether the claimed trade mark distinguished the designated goods.

The central legal issue before the hearing officer was whether Wesbeam Holdings Limited had discharged its onus under section 41(3) of the relevant Act to demonstrate that the claimed trade mark, being a single colour, had acquired distinctiveness in relation to the designated goods by the relevant date. This required an assessment of the evidence presented to establish that consumers recognised the colour blue (Pantone 3015U) as indicating the origin of Wesbeam's goods.

The hearing officer found that the evidence presented by Wesbeam Holdings Limited fell short of demonstrating the necessary distinctiveness. Consequently, the hearing officer was satisfied that there was a ground for rejecting the claimed trade mark under section 41 of the Act.

In accordance with section 33(3) of the Act, trade mark application number 2140228 was rejected. The hearing officer also directed that if a notice of appeal was served on the Registrar within one month of the decision, the disposition of the application should be in accordance with the Court's order or direction.