A2 Corporation’s initial application for the trade mark TRUE A2 for semen products and veterinary services was rejected by the Trade Marks Office on the grounds that A2 is a genetic descriptor for bovine.
A2 Corporation requested to be heard in the matter and led evidence that TRUE A2 has no meaning within the bovine industry and that it is, in fact, the term A2A2 that is the generic standard term for its goods.
However, the Hearing Officer took the view that the common definition of the English word ‘TRUE’ would be well understood by those within the bovine industry and the trade mark would be seen as referring to ‘genuine’ or ‘properly called’ A2 goods/services.
A2 Corporation was able to adduce some evidence of use by an authorised user since 2012, however, this was considered insufficient to establish that the TRUE A2 mark is capable of distinguishing the applicant’s goods.
The application is to be refused for all goods and services.
To view the Office decision, click here.
This article is an extract from Spruson & Ferguson’s monthly summary of Australian Trade Mark Office decisions. You can view the entire month’s summary here.
Principal / Solicitor / Trade Mark Attorney
Litigation Team, Trade Marks Team
Associate / Trade Mark Attorney
Trade Marks Team