Can I Register a Number Trade Mark?

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Table of Contents

• What Does Registering a Trade Mark Involve?
• How to Know if Your Number Trade Mark id Eligible for Registration
• Do the Numbers in Your Trade Mark Serve a Non-Functional Purpose?
• Are the Numbers in Your Trade Mark Generic or Descriptive in Nature?
• Can You Still Register a Generic Number Trade Mark?
• Should You Seek Legal Advice? 
• Key Takeaways

Trade mark registration is an integral part of safeguarding unique symbols and protecting your brand. You may be considering registering a number that is important to your business as a trade mark. However, there are some cases where you will not be able to do so. This article will explain the necessary requirements and considerations to register a number trade mark. 

What Does Registering a Trade Mark Involve?

Trade mark registration in Australia involves filing an application with the Intellectual Property Office of Australia (IP Australia). The application undergoes a thorough examination to assess its compliance with the necessary criteria. These criteria include:

• distinctiveness;
• non-functionality;
• potential conflicts; and 
• eligibility for registration. 

If you receive an objection on the basis of any of the above criteria, there are ways to overcome these issues. 

Trade Mark Essentials

This guide explains the essentials of trade marks and the steps required to register a trade mark.

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How to Know if Your Number Trade Mark id Eligible for Registration

In Australia, a trade mark that includes only a number must be sufficiently distinctive to be eligible for registration. This means that the number should not merely describe the goods or services it represents. Instead, it should present a unique identifier that distinguishes it from other trade marks. The number’s distinguishability is a critical factor in the registration process, and it plays a significant role in determining if your application will succeed. However, if you apply with a generic or commonly used number, you may face difficulties in obtaining trade mark protection.

Do the Numbers in Your Trade Mark Serve a Non-Functional Purpose?

To qualify for trade mark protection, a number used in a product or service must serve a non-functional purpose. This means that the number should not be essential to the product or service itself in terms of its functionality or performance. For example, a car manufacturer may not be able to register a car model number as a trade mark if that number simply indicates the car’s engine size or horsepower. These count as purely functional characteristics of the car. 

Non-functionality is important as it ensures that your trade mark is used primarily to indicate your brand has a distinctive origin. Trade marks are meant to help consumers identify the source of a particular product or service, and to differentiate it from similar products or services offered by competitors. If a number were to be protected as a trade mark despite serving a purely functional purpose, it could prevent other companies from using that number. This discourages competition.  

Are the Numbers in Your Trade Mark Generic or Descriptive in Nature?

For trade mark registration in Australia, you must select a unique and distinctive number. Generic or highly descriptive numbers may encounter obstacles in the registration process. To increase the chances of successful registration, you should select a number that is distinguishable and not commonly associated with the relevant goods or services.

Can You Still Register a Generic Number Trade Mark?

To secure a trade mark registration in Australia for a generic number trade mark, it is imperative that your mark is actively used commercially. It must also be associated with specific goods or services that you are currently providing. This practical application helps to establish the mark’s connection with the relevant industry and increases its eligibility for registration. By demonstrating that you are currently using the mark, you show it has market reputation, legitimacy and value. Overall, by actively using the trade mark in commerce, you can establish its distinctiveness and protect it more easily.

Should You Seek Legal Advice? 

Registering for a number trade mark can be a complicated process since you have a high threshold to meet IP Australia’s requirements. As such, it is always advisable to seek legal advice from a qualified trade mark lawyer. They can assist you in several ways, such as:

• navigating the registration process;
• conducting a thorough search to ensure your desired trade mark is available; and
• providing expert guidance on whether your mark meets legal registration requirements.

If your trade mark application does receive an objection at the examination stage, seeking legal help can also provide you with a comprehensive overview of the next steps to take. 

Key Takeaways

Having a registered trade mark is an effective way to protect your brand, but you must adhere to strict criteria during the application process. 

To successfully register a trade mark for a number in Australia, it is important to consider factors such as its: 

• distinctiveness;
• use in commerce;
• non-functionality; and 
• common or generic qualities.

Seeking professional legal guidance can help you navigate the trade mark registration process and protect your numerical identifiers in the Australian market. 

If you would like assistance regarding filing a notice of intention to defend, contact our experienced trade mark lawyers as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.