Normet International Ltd [2015] ATMO 65 (8 July 2015)

A provisional refusal was issued in relation to Normet’s Australian designation of its trade mark D-BOLT. The refusal was in relation to Class 6 goods, being ‘bolts’ on the basis that other traders use the same/similar mark.

During the course of examination, Normet put on evidence of its use of the D-BOLT trade mark in relation to bolts, but this was not considered sufficient to overcome the objection and Normet exercised its right to be Heard on the matter.

No further evidence was forthcoming at the Hearing and the Hearing Officer agreed with the assessment of the Examiner; the trade mark sits low on the spectrum of inherent adaptation to distinguish and the evidence was not sufficient to demonstrate acquired distinctiveness.

The designation is to be refused for Class 6.

To view the Office decision, click here.