Cantarella Bros Pty Ltd v Modena Trading Pty Ltd

Whether a word mark (English or foreign) is 'inherently adapted to distinguish' under s 41 of the Trade Marks Act 1995 (Cth) is determined by the 'ordinary signification' of the word to persons in Australia concerned with the relevant goods; foreign words ('ORO' and 'CINQUE STELLE' for coffee) whose ordinary signification does not directly describe the character or quality of the goods to Australian purchasers are inherently distinctive and registrable.