{"id":5927,"date":"2021-08-06T11:12:34","date_gmt":"2021-08-06T01:12:34","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=5927"},"modified":"2022-08-02T11:22:43","modified_gmt":"2022-08-02T01:22:43","slug":"restricted-words-trade-marks","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/australian-application\/restricted-words-trade-marks\/","title":{"rendered":"Restricted Words to Avoid When Applying for a Trade Mark"},"content":{"rendered":"\n

Before applying for a registered trade mark, it is important to consider whether the trade mark you have in mind is actually registerable<\/a>. Under the Trade Marks Act<\/em>, trade marks have to satisfy certain criteria in order for IP Australia to approve them. To limit the chances of IP Australia rejecting your trade mark application, this article outlines restricted words and terms to avoid when applying for a trade mark and measures you can take to ensure that your trade mark is likely accepted.\u00a0<\/p>\n\n\n\n

Avoid Ordinary Descriptions<\/h2>\n\n\n\n

A trade mark must be capable of distinguishing<\/a> your goods and services from others in the market. If your trade mark uses terms that ordinarily describe your goods and services, either concerning their function or quality, it would likely be difficult <\/em>to register as a trade mark.<\/p>\n\n\n\n

For example, the word \u2018clean\u2019 concerning house-cleaning products or the word \u2018refreshing\u2019 concerning a soft drink are common words that describe these products. <\/p><\/blockquote>\n\n\n\n

Commonly used phrases to describe goods can also be difficult to trade mark. For example, the phrase \u2018eco friendly\u2019 for recyclable products would be difficult to trade mark. Common abbreviations or acronyms can also be difficult to register, such as \u2018HD\u2019 for tech goods or \u20184×4\u2019 for vehicles. <\/p>\n\n\n\n

Avoid Common Surnames<\/h2>\n\n\n\n

Since businesses regularly trade in their owner\u2019s name, business owners often seek to trade mark their business name. However, common surnames such as \u2018Smith\u2019 or \u2018Jones\u2019 are unlikely to be approved on the basis that others who also share their name may have a legitimate interest in using it for their own goods and services. <\/p>\n\n\n\n

Avoid Geographical Names <\/h2>\n\n\n\n

Similar to common surnames, geographical names are difficult to register, given others likely have a legitimate interest in using them for their own goods and services. This is particularly true if a geographical region is known for a particular industry, such as the wine industry in the Hunter Valley region of NSW. <\/p>\n\n\n\n

Avoid Scandalous Material<\/h2>\n\n\n\n

IP Australia can also reject a trade mark application if it comprises scandalous material. There is no strict definition of what falls within the meaning \u2018scandalous material’. However, it generally includes: <\/p>\n\n\n\n