A trade mark comprising descriptive words whose ordinary signification to consumers of the relevant goods conveys the nature, style or origin of those goods — such as 'Urban Ale' for beer — is liable to cancellation under s 41 of the Trade Marks Act 1995 (Cth) where modest use has not established factual distinctiveness, and a competitor's use of a similarly descriptive name will not constitute trade mark infringement, misleading conduct or passing off where the competitor's own brand is sufficiently identified on the product.
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