In Australia, there are several criteria that one needs to consider before applying for trademark protection, including eligibility and the likelihood of acceptance of a trade mark for registration.

Trademarking Specialists Pinnacle TMS has put together a list of questions that you should ask yourself before applying for a trademark:

  1. Am I eligible? The owner of a trademark must be classified as either an individual, company or incorporated association (or a combination of these). A business or trading name will not be accepted.
  2. Is my trademark too similar to another trademark? If your trademark is not sufficiently distinctive or different from other registered trademarks or even pending applications, registration will prove difficult. Pinnacle TMS highly recommends that extensive searching of the Trade Marks Office database Register be conducted to ensure you will not be infringing any existing trademarks.
  3. How likely is it my trademark will be accepted for registration? If your trademark could potentially mislead the public about the nature of your goods/services or consists of a geographical name or common surname, IP Australia may reject your application.
  4. Does my trademark contain words protected by the law? Some words (e.g. ‘champagne’ and ‘Olympic champion’) are prohibited by legislation.

Besides the four common barriers to registration listed above, there are other restrictions that may prevent your application from being accepted by IP Australia.

If you have any questions regarding trademark application restrictions, please do not hesitate to call Australian trademarking specialist Suzanne and the team at Pinnacle TMS today on 9520 4366.