If you want to register a trade mark, here are some tips. These tips are to be used as a guide only, but when you follow a guide you get to see the best sights, and the best sight to be seen from these tips will be the certificate of registration you will receive when your trademark is registered.

Be Distinctive

You want to register the following trade mark, THE BEST CLOTHES SHOP, claiming retail services. How do you think you would go? Well, sorry for the spoiler alert but not very well. Why not, you must be thinking? The reason being that this trade mark is an example of not being distinctive.

A trade mark is about building brand recognition for the goods and services that your customers identify with the trade mark, and in turn, the brand. If the trade mark is directly descriptive of the goods or services being claimed, such as in THE BEST CLOTHES SHOP, and also uses laudatory terms, such as best, awesome, or amazing, to illuminate the goods or services being claimed in the trademark, this could lead to the trademark application being refused.

Why Would It Be refused?

The refusal would occur because IP Australia would indicate that the trademark is not capable of distinguishing the goods or services from those of other traders. In other words, the trademark is not distinctive and it would be unfair to give one trader the exclusive right to use a trademark that other traders may honestly need to use to describe the same or similar goods and services.

There could be a fear that there is not an original idea left, so how could there be an original trademark to go with your business. The key to originality for trademarks is all about being distinctive.

Do a Search

Prior to filing a trademark application, it would be smart to do a search of the trademark registry called ATMOSS, which is a free public database offered by IP Australia, otherwise you may want to consider engaging LegalVision’s IP professional team to perform a basic search for a small fee.

ATMOSS contains all trademark applications that have been filed with IP Australia’s Trade Marks Office and it includes all aspects of the process, including:

  • initial filing;
  • indexing approved;
  • acceptance;
  • examination; and
  • registration.

The trademark profiles within ATMOSS that would cause a barrier for a newly filed trademark application are those profiles which consist of trademarks that are substantially identical or deceptively similar, which claim the same or similar goods or services, have an earlier filing date, or have a status that does not indicate that the trademark has lapsed.

Conclusion

If you need assistance from one of LegalVision’s trademark lawyers, get in touch today and we can set up an obligation-free consultation to assess your legal needs. Get in touch on 1300 544 755!

Daniel Smith

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