What can't be a trade mark?

Common words, phrases and images

We can't accept applications for everyday words, phrases or images that directly describe a good or service. These should remain available for all businesses to use.

Examples:

• 'Global' for freight shipping services
• 'Juicy oranges' for orange juice
• 'Ultra white' for paper
• 'Eco-friendly' for recycling services
• '4x4' for vehicles
• Photograph of a cat for pet food
• Sketch of an iron for irons.

Geographical names

The name of a location is difficult to register. It's likely others will need to use it to describe the origin of their own goods or services.

Examples:

• 'Adelaide' for car wash services
• 'Bass Strait' for seafood.
  

You may be able to register a geographical name if you can prove:

• You've used it for your goods or services extensively for a long period, and
• Consumers associate the name with your goods or services, not just with the location.

Common surnames

The more common a surname (e.g. 'Smith' or 'Brown'), the more difficult it will be to register. This is because other traders will have a legitimate desire to use it for their own brand.

Hashtags

Hashtags are a popular social media feature used to categorise and search messages. As hashtags are commonly used, they aren't typically trade mark material. Usually, it's what follows the # symbol that distinguishes your brand (e.g. '#ARNOTTS').

Prohibited signs

As a member state to the Paris Convention for the Protection of Industrial Property, Australia won't register trade marks that contain or resemble:

• Armorial bearings
• Flags
• Emblems
• Official signs
• Hallmarks
• Abbreviations and names of international intergovernmental organisations.

Restricted financial terms

There are certain terms only Authorised Deposit-Taking Institutions listed by the Australian Prudential Regulatory Authority (APRA) can use. The terms include the following (and any like terms in any language):

• Authorised deposit-taking institution (ADI)
• Bank
• Banker
• Banking
• Building society
• Credit society
• Credit union
• Friendly society.
  

These restrictions only apply to trade marks for insurance, financial, monetary and real estate services (Class 36).