Joseph Bancroft and Sons Co v Registrar of Trade Marks [1957] HCA 87

Ro"

99 C.L.R.] OF AUSTRALIA.

(HIGH COURT OF AUSTRALIA.]

JOSEPH BANCROFT & SONS CO. . 3 . APPELLANT ; AND REGISTRAR OF TRADE MARKS . ' . RESPONDENT.

Trade Mark—Word mark— Miss America"'—Registration sought in respect of H.C. or A.

1957. Ww

Sypvry,

cotton and rayon fabrics—No direct reference to character or quality of goods— Not according to ordinary signification geographical name or surname—Entitle- 'ment to registration—Trade Marks Act 1905-1948 (No. 20 of 1905—No. 76 of 1948), s. 16 (1) (d).

Held, that the words " Miss America ", having no direct reference to the character or quality of textile products, particularly rayon fabrics, and not being according to their ordinary signification a geographical name or surname, fall within s. 16 (1) (d) of the Trade Marks Act 1905-1948 and are entitled to registration as a trade mark in class 24 in respect of such products.

Decision of the Registrar of Trade Marks, reversed.

Apprats from the Registrar of Trade Marks.

On 16th May 1952 Joseph Bancroft & Sons Co., an American company, made application under the Trade Marks Act 1905-1948 for the registration of the words "' Miss America " as a trade mark in class 24 in respect of textile products, particularly cotton fabrics, fabrics made of mixed cotton and rayon in which cotton predomi- nates included in class 24 and also in class 31 in respect of textile products, particularly rayon fabric, fabrics made of mixed rayon and cotton in which the rayon predominates and nylon treated fabrics included in class 31. The Deputy Registrar of Trade Marks refused both applications.

From this refusal the company brought the present appeals to the High Court.

The relevant facts appear fully in the judgment of the Court hereunder.

Williams, Kitto and Taylor JJ.

H.C. or A. 1957. Ww

JosErH Bancrorr & Sons Co.

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REGISTRAR