A Thorny Issue Resolved As "Flowers For All" Trade Mark Deemed Distinctive

Business blooms for one trade mark owner as "FLOWERS FOR ALL" has been deemed distinctive enough to be registered as a trade mark in Australia.

Re KJ Ince Pty Ltd [2023] ATMO 139 concerned an application to register the trade mark FLOWERS FOR ALL for flowers and floristry services.

The mark achieved registration without opposition on 31 January 2023, before an anonymous third party submitted that the registration ought to be revoked on 15 March 2023. The Registrar subsequently issued a Notice of Intention to Revoke Registration on the basis that FLOWERS FOR ALL mark was not sufficiently distinctive to be registered as a trade mark, therefore a ground for rejection ought to have been raised during examination under section 41 of the Trade Marks Act 1995 (Cth) (Act). The matter proceeded to a hearing, where the Hearings Officer found no error was made during examination and the FLOWERS FOR ALL mark is sufficiently distinctive to be registered as a trade mark.