{"id":5716,"date":"2021-07-29T15:27:40","date_gmt":"2021-07-29T05:27:40","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=5716"},"modified":"2022-08-02T11:34:24","modified_gmt":"2022-08-02T01:34:24","slug":"trade-mark-words","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/overseas-application\/trade-mark-words\/","title":{"rendered":"Can I Register a Trade Mark for a Word?"},"content":{"rendered":"\n

When you are setting up a business and establishing your brand, you may be struggling to decide what you can register as a trade mark. Unfortunately, there is often a lot of confusing information about what you can and cannot register for a trade mark. If you are registering a trade mark for your business\u2019 name, chances are, it might be a single word. As long as it meets the general requirements for a trade mark, it is possible to trade mark a word. This article will take you through what words you can register as a trade mark, and what words you cannot register as a trade mark.<\/p>\n\n\n\n

What Words Are Eligible for a Trade Mark?<\/h2>\n\n\n\n

1. Made Up Words<\/h3>\n\n\n\n

One great way to a single word approved for use as a trade mark is to make up a word. This is the easiest way to ensure you meet the distinctiveness requirement<\/a> of a trade mark. Some of the most well-known brand names are entirely made up words, for example, \u2018Google\u2019 and \u2018Kodak\u2019. <\/p>\n\n\n\n

Having a random word as a trade mark is also a great way to help your business stand out. It is unlikely that another business will have a similar name, making your brand completely unique.<\/p><\/blockquote>\n\n\n\n

2. Unusual Names <\/h3>\n\n\n\n

If you wish to trade mark your own name, you will be able to register it as long as it is unique. This is because if you have a common name, it is likely that others will need to use it within the same class of goods or services. This rule applies to first names and surnames, as well as the names of geographical locations.<\/p>\n\n\n\n

What Words Cannot Be Trade Marked?<\/h2>\n\n\n\n

1. Descriptive Words<\/h3>\n\n\n\n

Words that describe your product or service are not eligible for a trade mark<\/a>. This is because others with the same type of goods or service will also need to use that word in the course of business. A good example of this is Apple. If Apple were selling fruit, IP Australia would not accept their trade mark. However, because they are selling technology products, their brand name is not considered descriptive and can be used.<\/p>\n\n\n\n

2. Abusive Words<\/h3>\n\n\n\n

Words that are abusive or are in any way considered rude or scandalous will not be capable of being trade marked. This includes words that are swear words or likely to offend specific ethnic or religious groups. <\/p>\n\n\n\n

3. Generic Names<\/h3>\n\n\n\n

Generic names are not eligible for a trade mark, including common surnames such as \u2018Smith\u2019 or \u2018Brown\u2019. This is because others with the same name are likely to need to use it in the same category of goods or services. In addition, you will have more difficulty obtaining a  trade mark for your name<\/a> if someone famous has the same name as you. This is because it may be misleading about who is associated with or endorsing your goods or services.<\/p>\n\n\n\n

As well as common family names, common names of places are also forbidden, such as the names of cities, towns, or suburbs. This is particularly pertinent where the location may be associated with the goods or services you are claiming, such as \u2018Yarra Valley\u2019 for wine.<\/p><\/blockquote>\n\n\n\n

Key Takeaways<\/h2>\n\n\n\n

When establishing your brand and choosing a trade mark, you may decide that you want to trade mark a single word. However, there are limits on the type of word that you can trade mark. Words that can are eligible for a trade mark include:<\/p>\n\n\n\n