Getting a trade mark that stands out

Getting a trade mark that stands out is tricky, especially since these days the trend is for something catchy yet simple, something that resonates in the minds of your customers.

But too simple, and you have another problem altogether – that the trade mark may not be considered distinguishable, or worse, may need to be used by the industry that you operate in.

For example – I would be unlikely to be successful in obtaining a trade mark over the brand “Delicious Anzac Biscuits”. Many other businesses in the baking industry would likely need to use that phrase, or a combination of those words, in their marketing campaigns or otherwise – to grant me a trade mark over such a commonly used phrase would not be in the public interest.

Even if you are successful in getting a trade mark that covers a generic term in the industry, that doesn’t mean that your problems go away! First and foremost, you would now have to watch the market and the trade marks register quite carefully to ensure that none of your competitors register or use something similar. Secondly, your registration may not necessarily mean that any of your existing competitors that use a similar mark to yours would stop using that mark! They could very well argue that they were using a similar trade mark before you registered the trade mark, and this could protect them from you.

Therefore it is really important to get a trade mark that stands out above the others, something that is clear and distinctive, but not something that the industry is likely to use. Once you have that, come to us, and we’ll certainly help you register it!