SILVER SERVICE insufficiently distinctive for taxi services

Silver Top Taxi Service Pty Ltd v Taxi’s Combined Services Pty Limited [2017] ATMO 19 (28 February 2017)

Registration was sought for SILVER SERVICE in respect of various services in Class 39 relating to taxi services.  Opposed on s 41 grounds.  Opposition successful.

Hearing officer satisfied that “the term SILVER SERVICE is recognized as indicating a higher standard of taxi service such that the fee for this service is not part of the standard fee but is an additional charge on top of this fee“.

Evidence of use insufficient to show that the Applicant “has educated the market that the plain words SILVER SERVICE indicate a taxi related service provided by [it]“.