This matter concerned an application filed by Amazon to register the trade mark ASAP covering various goods and services, including software (Class 9), communication services (Class 38), entertainment services (Class 41), and computer services (Class 42).
The application was initially refused under section 41 on the basis that it is too descriptive of the goods/services covered to be registered. At the hearing, Amazon pressed its case by surmising:
Once the Trade Mark is assessed against the Goods and Services, it is immediately apparent that it is not directly descriptive in its ordinary signification, and that it can function (and would be recognized) from the outset as a trade mark.
In support of its case, Amazon noted similar trade marks already registered in connection with similar goods/services, including RAPID, QUICKEN, PRONTO, and PRESTO.
The hearing officer found in favour of Amazon on the basis ‘that the ordinary signification of the Trade Mark is not a direct reference the [goods and services]’.
ASAP is now accepted for registration.
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.