Federal Court of Australia
JUDGMENT No. 433 /.£%...
CATCHWORDS
TRADE MARKS —- appeal from refusal to register trade mark in Part A of Register - whether "Hairfusion" an invented word — whether "Hairfusion" has a direct reference to the nature or
quality of the services offered - distinctiveness of trade mark
primarily question of fact
Trade Marks Act 1955 ss.24(1)(c), (d), (e)
ADVANCED HAIR STUDIO OF AMERICA PTY LTD v REGISTRAR OF TRADE
MARKS
No. VG 123 of 1988
BOWEN C.J., WOODWARD and LOCKHART JJ.
MELBOURNE
26 JULY 1988 Os
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BY
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THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION
NO. VG 123 of 1988
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ON APPEAL FROM THE SUPREME COURT OF VICTORIA
BETWEEN: ADVANCED HAIR STUDIO OF AMERICA PTY LTD Appellant AND: REGISTRAR OF TRADE MARKS Respondent MINUTES OF ORDER JUDGES MAKING ORDER : BOWEN C.dJ., WOODWARD and LOCKHART JJ. DATE MADE : 26 JULY 1988 WHERE MADE : MELBOURNE THE COURT ORDERS THAT: a The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION
ON APPEAL FROM OF THE SUPREME COURT OF VICTORIA
BETWEEN: ADVANCED HAIR STUDIO OF - AMERCIA PTY. LTD. Appellant AND: REGISTRAR OF TRADE MARKS Respondent
THE COURT: BOWEN, C.J., WOODWARD AND LOCKHART JJ.
DATE: 26 JULY 1988
REASONS FOR JUDGMENT
THE COURT: This is an appeal from the Victorian Supreme Court
exercising federal jurisdiction*under the Trade Marks Act 1955
(Cth) ("the Act"). In his judgment of 11 March 1988 King J. dismissed an appeal pursuant to s.46 of the Act from a decision of the Senior Assistant Registrar of Trademarks refusing to
register a mark in Class 42 Part A or Part B of the Register.
The appellant, Advanced Hair Studio of America Pty Ltd ("Advanced Hair Studio"), seeks to register the word "HAIRFUSION" as a trademark in Class 42 of the Register in
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