Ex parte Hearing requested after Discount Drug Stores failure to register its trade mark, being, PURPLE (Pantone 2612) and ORANGE (Pantone 1505), for its pharmacy and retail services.
The applicant led evidence of its use of the below trade mark, including the colours that are the subject of the application.
The evidence was, in the Hearing Officer’s view, ‘relatively extensive’, however, it did not show consistent use of the exact colours that are the subject of the trade mark. Furthermore, it showed use almost exclusively with the DISCOUNT DRUG STORE name and device.
Overall, the Hearing Officer concluded that:
“I am not satisfied, on the evidence before me, that the shades of purple and orange applied for have been used consistently across the Applicant’s franchise, such that consumers would identify the Applicant’s stores by the colours applied for, absent the DISCOUNT DRUG STORES name or associated device.”
Accordingly, the applicant’s trade mark was rejected.
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