Choosing a suitable Trade Mark to register

As previously discussed there are a number of benefits to registering a trade mark. That being said, not all marks can be registered. The Trade Marks Act 1995 (Commonwealth) specifies that there are a number of situations where an application for trade mark registration must be rejected.

This means that you have to be careful when making your application, and making sure that you choose a suitable trade mark to register.

In these series of posts we will briefly consider the various situations where an application for a trade mark would likely be rejected.

In summary there are six grounds to reject an application for trade mark registration:

  • Trade mark contains certain signs – for example, Olympic marks, marks related to the Australian Government, etc.
  • The trade mark cannot be described or cannot be represented graphically.
  • The trade mark doesn’t adequately distinguish your mark from other trade marks.
  • The trade mark is scandalous or its use would be contrary to law.
  • The trade mark is likely to deceive or cause confusion.
  • The trade mark is identical to an already registered trade mark.

Over the next few posts we will discuss each ground briefly and what they mean – stay tuned!