Choosing a suitable Trade Mark to register – Unable to describe the mark

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) says that there are a number of situations where an application for trade mark registration must be rejected. You have to make sure that you choose a suitable trade mark to register.

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

The Trade Marks Act 1995 (Commonwealth) says that an application for trade mark registration must be rejected if the trade mark cannot be “graphically represented”. This is a common sense approach – you can’t trade mark, for instance, a concept or an idea. That being said, the Trade Marks Regulations 1995 (Commonwealth) does also expand on this and allows for non-traditional trade marks – for instance, colours, smells, sounds, and shapes. We have discussed these in a previous blog, but generally, with respect to these non-traditional trade marks, the application must accurately describe what is being trade marked.

Keep this rule in mind when choosing a suitable Trade Mark to register. Choose carefully, and stay tuned!