Willunga Hundred Pty Limited

The applicant, Willunga Hundred Pty Limited, sought to register a trade mark. The Registrar of Trade Marks, represented by Louise Tuohy, considered whether to accept or reject the application. The dispute centred on the potential for the trade mark to deceive or cause confusion, as contemplated by the *Trade Marks Act 1995* (Cth).

The primary legal issue before the court was whether there were grounds under the *Trade Marks Act 1995* to reject the trade mark application. Specifically, the court had to determine if the proposed trade mark, as presented, was likely to deceive or cause confusion, thereby falling foul of section 43 of the Act.

The Registrar reasoned that the wording in the initial examination report, which proposed an endorsement to limit the trade mark's use to wines produced from grapes grown in the "Willunga area," was insufficiently clear. The terms "Willunga area" and "predominantly" were not adequately defined. Despite being offered an opportunity to consent to a revised endorsement, the applicant declined. Consequently, the Registrar concluded that there was a ground for rejection under section 43 of the Act.

The Registrar rejected trade mark application number 2232221.