We are often asked the question: “When can’t I register my trademark?” So we thought we’d explain some examples of trademarks that are not usually registrable.
When you file a trademark application with IP Australia, it has to be evaluated by a trademark examiner, who will assess it for registrability. If your proposed mark doesn’t match the legal requirements for registration, you’ll get a notice of a trademark objection. (Usually, you can overcome these objections, but it’s advisable to avoid this by doing your homework at the start so that you don’t submit a trademark that is not registrable.)
It’s unlikely you will be able to register your trademark if:
1. It resembles an existing well known mark
Your trademark is very similar or identical to a well known trademark (and you’re capitalising on their reputation).
Eg: EASYJET COURIER for courier services vs EASYJET (an existing airline)
2. There’s an existing conflicting mark on the register
You will receive a trademark objection if there’s already an identical or confusingly similar trademark already on the register that covers the same or similar goods or services to yours.
Eg: EEZEE-GO for courier services vs EASYGO for transport services
3. Your mark is non-distinctive
Your trademark is commonly used in your industry and should be available for others to use.
Eg: DELIVERIES NOW for courier services
4. Your mark is descriptive
Your trademark describes the goods or services you provide.
Eg: THE COURIER COMPANY for courier services
5. Your mark describes characteristics or quality of your goods or services
Eg: QUICK COURIERS for courier services
6. Your mark is laudatory or complimentary
Your trademark contains superlative words (such as SUPER, PRIME).
Eg: SUPREME COURIERS
7. Your mark is confusing or deceptive
Your trademark is likely to confuse or deceive the public.
Eg: DELIVERY DRONES for delivery services, when you deliver by van
8. Your mark is scandalous or offensive
Your trademark is likely to offend the public.
Eg: FLYING F**K DELIVERIES