Before you submit a TM Headstart
Before you submit
A TM Headstart request is not an application, it is an initial assessment of whether or not your trade mark is likely to be able to be registered. As you will be contacted within five business days of submitting your request, you will need to be contactable at the telephone number and email address provided on your request.
If you choose to continue with the trade mark application after the initial assesment you will then be asked to make a Part 2 Fee payment.
Some trade marks can be difficult to register. Before you submit a TM Headstart request there are a number of things to consider.
Does my trade mark contain distinctive material which will make my goods or services stand out from other people's goods or services?
Your trade mark will be difficult to register if it doesn't make your goods or services stand out from someone else's goods or services. Words, phrases and images which other people are likely to use or may want to use for similar goods or services may not make your goods or services stand out.
What kinds of things are other people likely to use?
- Words which describe the goods or services, such as STRAWBERRY for drinks, WARM for heaters or GLOBAL for freight shipping services.
- Commonly used words or phrases such as ULTRA WHITE for paper, or ECO FRIENDLY for recycling services.
- Common surnames (generally a surname is regarded as common if our list shows it is found more than 750 times in Australia) you can search.
- Common place names, particularly the names of cities, towns and suburbs or areas associated with the goods or services you are claiming, such as ADELAIDE for car wash services or BASS STRAIT for seafood.
- Abbreviations, acronyms, numbers or letters commonly used in relation to the goods, such as MRI for medical services, 4x4 for vehicles or XS for clothing.
- Commonplace or exact pictures or drawings of the goods, such as a sketch of an iron for irons or a photograph of a cat for pet food.
If any of these things are combined with something that other people are unlikely to use, it may be easier to register. An example is if a photograph of a cat was combined with the phrase PRETTY CAT for pet food.
We will determine whether your trade mark is something other people are likely to use.
Is my trade mark sufficiently different from other registered trade marks?
Your trade mark will be difficult to register if it is too similar to another trade mark on our database that covers goods or services which are too much like yours. We will determine whether your trade mark is too much like another trade mark. It is a good idea to do a search of our TM database before you make an application.
Important note: The reasons above are the most common reasons for trade marks being difficult to register. There can also be other less common reasons. We will advise you if any of these apply to your trade mark.
Fees are not refundable if your trade mark can not be registered.
Is my trade mark suitable for my purposes?
We cannot determine whether your trade mark is suitable for your purposes. If you require assistance with this please seek the services of an IP professional.
Have I claimed the correct goods and/or services for my purposes?
We can provide assistance with the wording and classification for goods and/or services. We cannot determine whether you have claimed the correct goods and/or services. If you require assistance with this please seek the services of an IP professional.
Last Updated: 12/12/2012
