Selecting a Trade Mark

• Selecting a Trade Mark

  When selecting a trade mark, it is advisable to choose one which is easily registered so that registration can be obtained quickly and with a minimum of cost.

  The following points should be borne in mind when selecting a new trade mark:

  • The trade mark should be distinctive, or at least capable of becoming distinctive with use.
  • Invented words are normally inherently distinctive and hence registrable, and it is less likely that an invented word will conflict with trade marks owned by other parties. Note however, that simply putting two known words together to form a new word, or misspelling a word does not necessarily constitute an “invented” word. For example, GOODBUY would not be considered to be an invented word since it is simply a juxtaposition of the words GOOD and BUY. Examples of trade marks which are invented words include KODAK, XEROX, SPAM and NUTRASWEET.
  • Distinctive logos are also normally registrable.
• • The trade mark must not be directly descriptive of the goods or services for which registration is sought. If the trade mark is descriptive, the Trade Marks Office will refuse registration on the ground that the mark should be available for any trader to use as a description of those goods or services.
  • Geographical names and common surnames should be avoided as it is extremely difficult to obtain a trade mark for any of these.
  • The name of a person, especially a common name, is not normally registrable unless that name is represented in a special or particular manner. However, the names of fictitious persons are normally registrable.
  • The registration and use of some words, names and logos such as the word ANZAC or any Olympic Insignia are prohibited by Commonwealth Acts.
  • The signature of the applicant for registration or some predecessor in his business is normally registrable as is the names of fictitious characters and well-known identities e.g. IAN THORPE®

• Please click on the links below for further information

  International Trade Marks

  Registering a Trade Mark

  Selecting a Trade Mark

  Trade Mark Searches

•