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Primary Health Care Limited v Commonwealth of Australia [2017] FCAFC 174

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TRADE MARKS - application for leave to appeal - Registrar of Trade Marks refused registration of trade marks - primary judge dismissed appeal - whether relevant services were indivisible or indistinguishable from the provision of clinical care to patients - whether trade mark inherently adapted to distinguish the services - ordinary signification of phrase 'primary health care' - identification of target audience for a trade mark - whether trade marks used to distinguish the relevant services - whether trade mark not capable of distinguishing appellant's goods or services - whether trade marks likely to deceive or cause confusion - whether trade marks contrary to law - appeal dismissed

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