words that are not descriptive of the goods and services, such as 'Picnic' for clothing.suggestive or emotive words such as 'Lucky strike' for matches.For example, 'goodbuy' would not be considered an invented word Note that simply putting 2 known words together to form a new word does not necessarily constitute an 'invented' word. invented or 'concocted' words such as 'Kodak'.Trademarks that are sufficiently distinctive and unlikely to be used by other traders include:
#Register my logo online registration#
If you can establish this, your trademark will be seen as sufficiently distinctive and registration will be granted. Distinctiveness of a trademark can also be acquired through use in the market place for example, if you have used the trademark extensively prior to filing for registration, your trademark may already distinguish the designated goods or services as being those of your business. Inherent distinctiveness is the natural and unique appearance of your trademark. Your trademark must be sufficiently distinctive and not be just a descriptive term ordinarily applied to the goods or services, or a mark that other traders would, in the ordinary course of trade, need to use.ĭistinctiveness can be inherent or acquired. The owners of unregistered trademarks may oppose the registration process for your mark, or in some circumstances even take legal action under the common law of 'passing off'. A simple scan of the internet may reveal evidence of potential conflicts. You should also do preliminary searches to help ensure that your trademark does not conflict with any similar names or marks being used by other traders, even if they are not registered as trademarks.
#Register my logo online free#
To help ensure that your trademark does not conflict with a registered mark, you should search the free Australian Trade Mark Online Search System for registered or pending trademarks associated with similar goods or services. Having 2 similar trademarks for similar products could confuse customers and could lead to the other trader demanding that you cease use and taking legal action against you if you do not. You will not be able to register a trademark that is identical or deceptively similar to another trader's registered trademark if the goods and services are also similar. Your trademark must not conflict with pre-existing registered (or unregistered) trademarks. To be registrable, your trademark must meet 2 major requirements: 1. In the absence of any opposition, the mark is registered upon payment of the registration fee. Once the application is accepted, it is advertised in the Australian Official Journal of Trade Marks, and interested parties are given the opportunity to oppose registration on certain specified grounds, for a period of 3 months.
the trademark conflicts with any pre-existing registered marks, or applications, for the same kinds of goods or services as your product or service.the trademark is distinctive enough to allow registration.When applying to register a trademark, you need to search existing registered marks to determine whether:
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