How Do I Overcome a Trademark Examination Objection Based on Lack of Distinctiveness?

By Hollie Ford · 2026-04-23

A trademark distinctiveness objection arises when IP Australia determines that your proposed mark is not capable of distinguishing your goods or services from those of other traders, typically under section 41 of the Trade Marks Act 1995 (Cth). To overcome this objection, you can demonstrate that your mark is inherently distinctive (e.g., it is invented, arbitrary, or sufficiently unique in context), or you can provide evidence that it has acquired distinctiveness through use in the Australian marketplace before or since your filing date. The strategy you choose—whether amending the application, filing evidence of use, or making written submissions—depends on the specific ground of objection, the nature of your mark, and the strength of your commercial footprint.

For a comprehensive overview, see our How to Register a Trademark in Australia.

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TL;DR

• Distinctiveness is the gatekeeper. If IP Australia decides your mark cannot distinguish your goods or services, your application will not proceed to registration without further action.
• Section 41 of the Trade Marks Act 1995 (Cth) is the statutory provision that sets out the distinctiveness test for trademarks in Australia.
• Inherent distinctiveness is assessed on a spectrum—from invented or coined words (strongest) to directly descriptive terms (weakest).
• Acquired distinctiveness (also called factual or de facto distinctiveness) can save a mark that is not inherently distinctive, but you must compile real commercial evidence of use in Australia.
• You have options when you receive an adverse report: amend the application, file written submissions, submit evidence of use, request a hearing, or a combination of all four.
• Time limits apply. You generally have 15 months from the date of the first adverse report to overcome all objections, or your application lapses.
• Working with a registered trademark attorney can dramatically improve your prospects, especially where evidence compilation and legal argument are required.

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Need help responding to a distinctiveness objection right now? Get in touch with Signify IP — Hollie Ford, Registered Trade Mark Attorney, and the wider team can assess your adverse report and map out a response strategy.

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Registration Questions

Target sub-keywords: trademark distinctiveness objection, inherently distinctive trademark, section 41 trademarks act, descriptive trademark objection

What Is a Trademark Distinctiveness Objection?

A trademark distinctiveness objection is a formal ground of refusal raised by an examiner at IP Australia during the examination of your trademark application. It means the examiner has formed the view that your proposed mark—whether it is a word, logo, slogan, shape, colour, sound, or other sign—is not capable of distinguishing your goods or services from those of other traders in the marketplace.

In practical terms, the objection appears in a document called an adverse report (sometimes referred to as an examination report). The report will cite one or more statutory provisions, most commonly section 41 of the Trade Marks Act 1995 (Cth), and will explain why the examiner considers the mark lacks the necessary distinctiveness.

Distinctiveness objections are among the most common reasons trademark applications stall in Australia. They are particularly frequent for marks that:

• Describe a characteristic, quality, or intended purpose of the goods or services (e.g., FRESH for fruit juice).
• Consist of common laudatory terms (e.g., PREMIUM, BEST, ULTRA).
• Are geographic names associated with the origin of goods (e.g., BAROSSA for wine).
• Are common surnames without additional distinctive elements.
• Include generic terms that other traders legitimately need to use (e.g., BUILDER for construction services).

The objection is not a final refusal. It is an invitation to respond, and there are well-established legal and practical strategies for overcoming it.

Why Does IP Australia Raise Distinctiveness Objections?

The trademark system exists to grant exclusive rights to a sign that genuinely identifies the commercial origin of goods or services. If a mark is merely descriptive or generic, granting a monopoly over it would unfairly disadvantage other traders who need to use the same word or expression to describe their own products.

IP Australia's examiners are trained to apply a consumer-centric test: would the ordinary Australian consumer, encountering the mark in the marketplace, perceive it as a badge of origin—or simply as a description of the goods or services themselves?

"This is a question that trips up many business owners," says Hollie Ford, Registered Trade Mark Attorney at Signify IP. "You might have invested significant time and money in building a brand around a particular name. But from a legal perspective, the question is not whether the name is important to you—it is whether an ordinary consumer would see it as a trademark rather than a descriptor."

How Does Section 41 of the Trade Marks Act Work?

Section 41 is the core statutory provision governing distinctiveness in Australian trademark law. It operates differently depending on how much inherent distinctiveness the mark possesses.

Section 41(1) — Not inherently adapted to distinguish

If the trademark is not to any extent inherently adapted to distinguish the applicant's goods or services, the application must be rejected unless the applicant can demonstrate that, prior to the filing date (or a priority date), the mark did in fact distinguish the applicant's goods or services because of the extent to which it had been used.

This is the toughest threshold. It applies to marks that are directly descriptive, generic, or otherwise wholly lacking in inherent capacity to function as a trademark.

Section 41(2) — To some extent inherently adapted to distinguish but not to a sufficient extent

If the trademark is to some extent, but not sufficiently, inherently adapted to distinguish, the application must be rejected unless the applicant establishes one of the following:

• (a) The mark did in fact distinguish the applicant's goods or services because of the extent to which it had been used before the filing date; or
• (b) The mark is capable of distinguishing the applicant's goods or services, having regard to the combined effect of:
  • (i) the extent to which the mark is inherently adapted to distinguish; and
  • (ii) the use, or intended use, of the mark by the applicant; and
  • (iii) any other circumstances.

Section 41(2)(b) is more flexible. It allows the examiner to consider use after the filing date and to weigh all the circumstances together, including the applicant's plans for use and the nature of the market.

Understanding which subsection applies to your mark is critical—it dictates the evidence you need and the arguments available to you.

What Is the Difference Between Inherent and Acquired Distinctiveness?

This distinction is fundamental to Australian trademark law and to any strategy for overcoming a section 41 objection.

Inherent distinctiveness refers to the capacity of a mark, viewed on its own and without any evidence of use, to function as a badge of origin. The assessment is made at the filing date by reference to the ordinary signification of the mark and its relationship to the goods or services claimed.

The courts and IP Australia recognise a spectrum of inherent distinctiveness:

Acquired distinctiveness (sometimes called factual distinctiveness or secondary meaning) arises when consumers have come to associate a mark with a particular trader because of the mark's use in trade. Even a descriptive term can acquire distinctiveness if it has been used so extensively and exclusively that consumers recognise it as identifying a single commercial source.

Classic examples include marks that began as descriptive but, through decades of marketing and consumer recognition, became indelibly associated with one brand. The legal test requires you to prove that the mark does in fact distinguish—or at least is capable of distinguishing—your goods or services.

What Types of Marks Are Most Vulnerable to Distinctiveness Objections?

Based on IP Australia's examination practice and published decisions of the Registrar and the courts, the following categories of marks attract distinctiveness objections most frequently:

1. Descriptive words and phrases — Terms that directly describe the goods, services, quality, quantity, intended purpose, value, geographic origin, or time of production. Examples: QUICKCLEAN for cleaning services, ORGANIC HARVEST for food products.

2. Laudatory terms — Words of praise that consumers would not perceive as a trademark. Examples: PREMIER, GOLD STANDARD, NUMBER ONE.

3. Geographic names — Place names associated with the origin or quality of goods. Examples: HUNTER VALLEY for wine, SYDNEY for financial services.

4. Common surnames — Surnames that are widespread in the Australian population and do not carry inherent badge-of-origin significance on their own.

5. Slogans and taglines — Phrases that function as advertising messages rather than trademarks. Examples: MAKING LIFE BETTER, BUILT FOR PERFORMANCE.

6. Shapes and colours — Non-traditional marks that are functional, commonplace, or otherwise not inherently perceived as trademarks by consumers.

7. Acronyms and abbreviations — Where the letters correspond to a descriptive phrase (e.g., NHC for Natural Health Care).

How Long Do I Have to Respond to a Distinctiveness Objection?

When you receive an adverse report from IP Australia raising a section 41 objection, you enter a response period. The key timelines are:

It is important to note that if the examiner maintains the objection after your first response, further correspondence will follow. You need to factor in enough time for multiple rounds of submissions, potential evidence gathering, and the possibility of requesting a hearing.

Pro tip: Do not wait until the last few weeks of the 15-month period to start compiling evidence of use. The evidence-gathering process—obtaining statutory declarations, collecting sales data, assembling marketing materials—often takes longer than expected.

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Considering a trademark search before you file? A comprehensive clearance search can identify potential distinctiveness issues before you invest in an application. Book a free trademark search with the Signify IP team.

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Understanding Inherent Distinctiveness in Detail

How Does IP Australia Assess Inherent Distinctiveness?

IP Australia's examiners follow a structured approach when assessing inherent distinctiveness, guided by the Trademarks Office Manual of Practice and Procedure (the TMPMP), decisions of the Registrar of Trademarks, and appellate case law from the Federal Court of Australia and the High Court of Australia.

The assessment involves:

1. Identifying the ordinary signification of the mark. What would the words, images, or other elements of the mark convey to the ordinary Australian consumer? Dictionary definitions, industry glossaries, and common usage are all relevant.

2. Considering the mark in the context of the goods and services claimed. A word that is descriptive for one class of goods may be entirely arbitrary for another. APPLE is descriptive for fruit but highly distinctive for computers.

3. Evaluating the mark as a whole. Composite marks (word + device, word + stylisation) are assessed in totality. However, the examiner will also consider whether the distinctive elements are sufficient to overcome the impact of any descriptive or non-distinctive components.

4. Applying the relevant legal test. Is the mark to any extent inherently adapted to distinguish? If so, is it sufficiently inherently adapted? The answer determines which subsection of section 41 applies.

5. Considering the perspective of the relevant consumer. For specialised goods or services, this may be a narrower class of consumer (e.g., medical professionals, engineers) rather than the general public.

What Makes a Trademark "Inherently Adapted to Distinguish"?

The phrase "inherently adapted to distinguish" has been interpreted extensively by Australian courts. The leading authorities include:

• Clark Equipment Co v Registrar of Trademarks (1964) 111 CLR 511 — The High Court held that the question is whether "other persons, trading in the same goods, would wish to use the word in a descriptive sense in connection with their own goods."

• Burger King Corporation v Registrar of Trademarks (1973) 128 CLR 417 — The court considered the degree to which the mark would be understood by consumers as indicating a connection with a particular trader.

• Cantarella Bros Pty Ltd v Modena Trading Pty Ltd (2014) 254 CLR 337 — The High Court confirmed that the assessment of inherent adaptability must be undertaken by reference to the ordinary signification of the word(s) in the English language and in context.

In essence, a mark is inherently adapted to distinguish if it would be perceived by ordinary consumers as a badge of origin rather than as a description of the goods or services. The further removed the mark is from describing or directly alluding to the goods, the stronger its inherent distinctiveness.

Can a Descriptive Trademark Ever Be Registered?

Yes—but it requires additional work.

A descriptive mark can be registered if:

1. It has acquired distinctiveness through use. You provide evidence that, despite its descriptive character, consumers associate the mark with your business as the source of the goods or services. This is the "evidence of use" pathway under section 41(1) or 41(2)(a)/(b).

2. It contains additional distinctive elements. If the descriptive words are combined with a sufficiently distinctive device, stylisation, or other element, the composite mark may be registrable. However, registration may be subject to a condition or limitation (often called an "endorsement" or "disclaimer") noting that registration does not give exclusive rights over the descriptive component alone.

3. The description is indirect or allusive rather than directly descriptive. A suggestive mark that merely hints at a quality—without stating it outright—has a stronger claim to inherent distinctiveness.

What Is the Difference Between a Descriptive Mark and a Suggestive Mark?

This is a critical distinction in practice, and one that IP Australia examiners must grapple with regularly.

"The line between descriptive and suggestive is not always bright," notes Hollie Ford. "Two examiners might reach different conclusions on the same mark. That is why well-crafted submissions, supported by evidence of how the mark is actually perceived in the market, can shift the dial."

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Acquired Distinctiveness and Evidence of Use

How Do I Prove Acquired Distinctiveness?

Proving acquired distinctiveness requires you to demonstrate that consumers in Australia associate your mark with your business as the source of the goods or services. This is a factual inquiry, and the evidence must be credible, comprehensive, and clearly linked to the mark as applied for.

The standard forms of evidence include:

1. A statutory declaration (or affidavit) from a person with direct knowledge of the mark's use—typically the applicant, a director, or a senior marketing executive. This declaration should set out:

   • When the mark was first used in Australia.
   • The goods or services on which it has been used.
   • The geographic areas of use.
   • The nature and extent of marketing activities.
   • Sales figures, revenue data, and market share (where available).
   • Any awards, media coverage, or industry recognition.

2. Exhibits attached to the statutory declaration, such as:

   • Photographs of the mark as used on products, packaging, signage, or in advertising.
   • Screenshots of websites and social media pages showing the mark.
   • Copies of invoices, receipts, or purchase orders.
   • Advertising materials (print, digital, broadcast).
   • Media articles or reviews referring to the mark.
   • Surveys or market research (if available).

3. Third-party evidence — Declarations from customers, suppliers, distributors, or industry participants confirming their association of the mark with the applicant's business. This is often the most persuasive evidence because it comes from outside the applicant's organisation.

What Makes Evidence of Use Strong?

Not all evidence is created equal. IP Australia and the courts look for evidence that is:

• Specific. Vague assertions ("we have used the mark extensively") carry little weight. Provide dates, dollar figures, quantities, and locations.
• Continuous. Evidence of consistent, uninterrupted use over a significant period is more persuasive than sporadic activity.
• Geographically relevant. The use must be in Australia. Overseas use and sales may provide context but will not, on their own, establish distinctiveness in the Australian market.
• Directed at the relevant consumer. Show that the people who actually buy your goods or services have been exposed to the mark.
• Consistent with the mark as applied for. If you applied for the word CLEARVIEW but have only ever used it as part of a composite logo CLEARVIEW SOLUTIONS with a device, there may be a disconnect.
• Of sufficient volume. The quantum of use needed depends on the nature of the mark and the market. A niche B2B product with $2 million in annual sales to a specialised buyer cohort may demonstrate distinctiveness more readily than a consumer product with the same revenue in a mass market.

How Much Use Is "Enough" to Establish Acquired Distinctiveness?

There is no fixed threshold—no minimum dollar figure, no minimum number of years, no minimum number of transactions. The assessment is qualitative and contextual.

However, the following factors are typically considered:

• Duration of use. Longer is generally better. Five years of continuous use carries more weight than six months, but even shorter periods can suffice if the use is intensive.
• Volume and value of sales. Revenue figures are important context, but they must be meaningful relative to the size of the relevant market.
• Advertising and promotional expenditure. Significant investment in marketing indicates a deliberate effort to build brand recognition.
• Market share. If you can demonstrate a meaningful share of the relevant market under the mark, this supports distinctiveness.
• Geographic spread. Nationwide use is stronger than use in a single city, though concentrated local use may be relevant for geographically limited services.
• Exclusivity of use. If you are the only trader using the mark (or a substantially similar mark) for the relevant goods or services, the association between the mark and your business is more likely to have developed.
• Recognition by third parties. Awards, media coverage, industry endorsements, and unsolicited inquiries all evidence public recognition.

Can I Use Evidence of Use After the Filing Date?

It depends on which subsection of section 41 applies.

• Under section 41(1) and section 41(2)(a), the mark must have in fact distinguished the applicant's goods or services as at the filing date. Only evidence of use before the filing date is relevant to meeting this threshold.

• Under section 41(2)(b), the test is whether the mark is capable of distinguishing, having regard to inherent adaptability, use (including use after the filing date), and any other circumstances. This means post-filing evidence can be considered.

This distinction has significant practical implications. If your mark falls under section 41(1) and you did not have substantial use before you filed, overcoming the objection will be extremely difficult. This underscores the importance of building brand presence before filing—or choosing a mark that is inherently distinctive from the outset.

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Strategies for Overcoming Distinctiveness Objections

What Are My Options When I Receive an Adverse Report?

You have several response strategies, and they are not mutually exclusive:

1. Written submissions (legal argument)

You can argue that the examiner has incorrectly assessed the mark's inherent distinctiveness. This may involve:

• Demonstrating that the mark is suggestive rather than descriptive.
• Pointing to dictionary definitions or linguistic analysis that supports a non-descriptive interpretation.
• Citing comparable registrations on the Australian Trade Marks Register (while noting that these are not binding precedent, they can be persuasive as to the Registrar's practice).
• Distinguishing the examiner's cited precedents on the facts.

2. Evidence of use (acquired distinctiveness)

As discussed above, you can compile and file evidence showing that the mark has acquired distinctiveness through use in the Australian marketplace.

3. Amendment of the application

You may choose to:

• Amend the specification of goods or services to narrow the scope, potentially removing classes where the mark is most descriptive.
• Amend the mark representation (subject to restrictions—the amendment cannot substantially alter the identity of the mark).
• Accept a condition or limitation (e.g., a disclaimer that registration does not confer exclusive rights over a descriptive element).

4. Request a hearing

If the examiner maintains the objection after your written response(s), you can request a hearing before a delegate of the Registrar of Trademarks. This is a formal proceeding where you present arguments (and sometimes evidence) before a decision-maker other than the original examiner.

5. Appeal

A decision of the Registrar can be appealed to the Federal Court of Australia under section 56 of the Trade Marks Act 1995 (Cth). This is a significant step involving court proceedings and associated costs.

Should I Amend My Application or Fight the Objection?

This is one of the most common strategic questions, and the answer depends on your commercial objectives.

In many cases, the best strategy is a combination: make targeted amendments to remove the weakest parts of the application while simultaneously filing strong submissions and evidence to defend the core.

Can I Overcome a Distinctiveness Objection Without Evidence of Use?

Yes—if you can persuade the examiner that the mark is, in fact, inherently distinctive.

This typically involves well-crafted written submissions that:

• Reframe the mark's ordinary signification.
• Demonstrate that the mark is suggestive or allusive rather than directly descriptive.
• Highlight distinctive elements within a composite mark (e.g., a device, stylisation, or coined word component).
• Cite relevant case law supporting the proposition that the mark, in context, would be perceived as a badge of origin.
• Point to the absence of the mark's use by other traders in the relevant market (indicating that it is not a term other traders need to use).

This approach is most effective for marks that sit on the borderline between descriptive and suggestive, or where the examiner may have taken an overly conservative view of the mark's signification.

What If My Mark Is a Logo or Composite Mark?

Composite marks—those combining words with a device (graphic element), colour scheme, or stylisation—present both opportunities and challenges in the distinctiveness context.

Opportunities:

• The device element may add sufficient distinctiveness to overcome an objection to the words alone.
• The overall impression created by the combination may be distinctive even if individual components are not.

Challenges:

• IP Australia may accept the composite mark but impose a condition that registration does not confer exclusive rights over the descriptive word component. This limits the scope of your protection.
• If your logo changes over time (rebranding), your registration may no longer reflect how you actually use the mark.

Strategic consideration: If the word component of your brand is commercially important, consider filing separate applications for the word mark and the logo. This gives you the broadest possible protection—though the word mark application may face a distinctiveness objection that the composite would not.

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Frequently Asked Questions

How Do I Know If My Trademark Is Descriptive?

Ask yourself: if a competitor were describing the same goods or services, would they naturally use this word or phrase? If the answer is yes, the mark is likely descriptive. Look at industry publications, competitor websites, and product listings. If the term appears as a description rather than a brand name, IP Australia is likely to raise an objection. A useful test is to consider whether the word requires a "mental leap" to connect it to the goods—if it does, it may be suggestive (and potentially registrable) rather than descriptive.

What Happens If I Don't Respond to an Adverse Report?

If you fail to respond within the statutory timeframe—or if you respond but do not overcome all objections within 15 months of the first adverse report—your application will lapse. A lapsed application is treated as if it was never filed. You lose your filing date and any priority date. If you still want to register the mark, you would need to file a new application (and pay a new application fee), with no guarantee that the outcome would differ.

Can I Get a Refund If My Application Is Refused on Distinctiveness Grounds?

No. IP Australia does not refund application fees if an application is refused or lapses. The fee covers the cost of examination, not the guarantee of registration. This is one reason why investing in a pre-filing clearance search and professional advice can save money in the long run.

Does Registering a Business Name or Domain Name Help My Trademark Application?

No. Business name registration (through ASIC), domain name registration, and ABN registration are entirely separate from trademark registration. They do not confer trademark rights and will not, by themselves, persuade IP Australia that your mark is distinctive. However, they may form part of the broader evidence picture if you can show that you have traded under the mark and built consumer recognition.

What Is a Disclaimer or Condition on a Trademark Registration?

When a composite mark includes descriptive or non-distinctive elements, IP Australia may register the mark subject to a condition (sometimes called an endorsement or disclaimer). This condition typically states that registration does not give the proprietor exclusive rights to use the descriptive component separately—only in the context of the mark as a whole. For example, a mark FRESH JUICE CO. with a distinctive device might be registered with a condition that the words FRESH JUICE are disclaimed.

Can I Rely on My Overseas Trademark Registration to Overcome a Distinctiveness Objection in Australia?

No—not directly. Trademark rights are territorial. A registration in the United States, European Union, United Kingdom, or any other jurisdiction does not bind IP Australia. However, an overseas registration can be cited as persuasive context in your submissions. It shows that another trademark office, applying similar (though not identical) legal tests, determined the mark to be registrable. IP Australia may note this but will still apply its own assessment under Australian law.

Is It Worth Filing Evidence of Use If I Have Only Been Trading for a Short Period?

It can be, depending on the intensity and nature of your use. A business that has traded for 12 months but generated substantial revenue, attracted media attention, and conducted a significant advertising campaign may compile compelling evidence. Conversely, five years of minimal, low-profile use may not suffice. The quality and concentration of use matters as much as—if not more than—the duration.

What Role Does a Registered Trade Mark Attorney Play in Overcoming Distinctiveness Objections?

A registered trademark attorney is qualified to advise on the legal test for distinctiveness, assess the strength of your mark, prepare written submissions and legal arguments, compile and present evidence of use in the required format, and represent you at hearings before the Registrar. Attorneys registered with the Trans-Tasman IP Attorneys Board have completed specialised qualifications in trademark law and practice. They understand the nuances of IP Australia's examination practice and can navigate the process efficiently—often avoiding costly missteps that delay or doom an application.

Can I Oppose Someone Else's Trademark on Distinctiveness Grounds?

Yes. If another party's trademark proceeds to registration and you believe it should not have been accepted on distinctiveness grounds, you can file an opposition under section 57 of the Trade Marks Act 1995 (Cth). One of the available grounds of opposition is that the mark is not capable of distinguishing the applicant's goods or services (relying on section 41). This is a formal proceeding before the Registrar and involves strict timelines, evidence filing, and (potentially) a hearing.

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Key Timelines and Costs at a Glance

Note: IP Australia fees are subject to change. Always verify current fees on the IP Australia website.

Professional fees for attorney advice, submissions, evidence preparation, and hearing representation are separate from government fees and will vary depending on the complexity of the matter.

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Practical Tips for Product Business Owners

If you are a product business owner facing a distinctiveness objection—or trying to avoid one—here are practical steps to consider:

1. Choose wisely from the start. The best way to avoid a distinctiveness objection is to select a mark that is inherently distinctive. Coined words, arbitrary terms, and creative expressions are far less likely to attract objections than descriptive phrases.

2. Keep records of use from day one. Even if you are not facing an objection now, maintaining organised records of sales, advertising, media coverage, and customer engagement will serve you well if you ever need to prove acquired distinctiveness.

3. Be strategic with your specification. A broad specification covering goods or services for which the mark is clearly descriptive invites objections. Consider whether a narrower, more targeted specification would reduce risk while still protecting your core commercial interests.

4. Don't ignore the adverse report. Hoping the problem will go away is not a strategy. The 15-month clock is ticking from the moment the first report is issued.

5. Get professional advice early. The cost of engaging a registered trademark attorney to review your adverse report and advise on strategy is typically a fraction of the cost of re-filing a lapsed application—let alone the commercial cost of losing your filing date.

6. Think beyond one application. If your brand architecture includes multiple marks (word marks, logos, taglines, product names), develop a portfolio strategy that maximises your protection while managing distinctiveness risk across the board.

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• 10 Reasons Why Managing a Multi-Jurisdiction Trademark Portfolio Fails Without a System in 2025 — A listicle exploring the operational and legal challenges of maintaining trademark registrations across multiple countries, and how a systematic approach can prevent costly lapses and inconsistencies.

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Ready to Respond to Your Distinctiveness Objection?

Whether you have just received your first adverse report or you are deep into a back-and-forth with IP Australia, the Signify IP team is here to help. Hollie Ford, Registered Trade Mark Attorney, brings focused expertise in trademark prosecution, distinctiveness arguments, and evidence compilation.

Enquire now — we will review your adverse report and provide a clear recommendation on next steps.

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This information is general in nature and does not constitute legal advice. Trademark matters involve complex legal and factual assessments that depend on individual circumstances. You should seek professional advice from a registered trademark attorney before making decisions about your trademark application or portfolio. Signify IP Pty Ltd. Hollie Ford is a Registered Trade Mark Attorney (Trans-Tasman IP Attorneys Board).