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Trade Marks Before
You Apply
Before you apply
There are a number of ways you can submit a trade mark application:
Will my trade mark be accepted for registration?
Your trade mark must distinguish your goods or services from others in the marketplace. For this reason, you will find it very difficult to register trade marks that:
- denote the kind, quality, intended purpose or value of the goods or services;
- are common surnames or geographical names; or
- conflict with an earlier trade mark, or would mislead the public about the nature of the goods or services.
Please note that while it is very difficult to register a geographic name or
a common surname, someone who has used one extensively for a considerable period
of time may be able to achieve registration. Is my trade mark registrable?
In addition, some words are protected by law and cannot be registered as trade
marks. Some are prohibited as trade marks under the Trade Marks Act 1995 (see
our IP Legislation section),
for instance, 'Olympic Champion'. Other words are affected by other legislation,
such as the use of the word 'Champagne' which is governed by provisions of the
Australian Wine and Brandy Corporation Act 1980 (see our IP
Legislation section).
What sort of help are you likely to need when registering a trademark, and
do you know what you are getting?
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