BROCK BEAUTY INC [2016] ATMO 44 (30 JUNE 2016)

Brock Beauty applied for the extension of protection of its International Registration for BROCKBEAUTY covering cosmetic goods to Australia.

The Australian Trade Marks Office objected to the extension of protection on the basis that the trade mark is not capable of distinguishing as it is the combination of a common surname (BROCK) and a descriptive term (BEAUTY).

The applicant’s submissions, with which the Hearing Officer agreed, were that the trade mark is not simply BROCK, but the expression ‘BROCKBEAUTY’ and that the only use of the trade mark BROCKBEAUTY was by the applicant (evidence of which was not before the Examiner). On this basis, and ‘the strength of the objection to the surname ‘BROCK’’, the Hearing Officer concluded that the trade mark was, in fact, prima facie capable of distinguishing and the objection should not have been raised.

To view the Office decision, click here.

This article is an extract from Spruson & Ferguson’s Asia-Pacific Regional Trade Mark Update. You can view the entire summary here.