{"id":6540,"date":"2021-09-02T11:59:23","date_gmt":"2021-09-02T01:59:23","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=6540"},"modified":"2021-09-06T16:45:23","modified_gmt":"2021-09-06T06:45:23","slug":"trade-mark-surname","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/australian-application\/trade-mark-surname\/","title":{"rendered":"5 Tips to Trade Mark a Logo With a Common Surname In It"},"content":{"rendered":"\n

In order to register your trade mark, it must be unique enough for IP Australia to differentiate it from other similar brands. However, sometimes, having a common surname in a trade mark you are registering means it will not be unique enough<\/a> to distinguish your goods or services<\/a> from others. Therefore, this article will outline five tips for when you are want to register a trade mark with a common surname<\/a> in it.<\/p>\n\n\n\n

Tip #1 Know The Law <\/strong><\/h2>\n\n\n\n

IP Australia will deny a trade mark if it cannot differentiate your goods or services from those of other businesses. Therefore, as a starting point, your trade mark must be sufficiently distinguishable. <\/p>\n\n\n\n

Tip #2 Think About Why You Want to Register<\/h2>\n\n\n\n

In some circumstances, IP Australia may consider a surname alone to be a trade mark. This is predominantly if it has been linked with the company through advertising and has developed a secondary meaning. <\/p>\n\n\n\n

For example, someone with the surname McDonald could not establish a fast food business based only on their surname.<\/p><\/blockquote>\n\n\n\n

Tip #3 Understand the Importance of a Trade Mark Surname<\/h2>\n\n\n\n

Registering a surname as a trade mark is not always viable. However, if it has “acquired distinctiveness,” the business owner may be able to do so.<\/p>\n\n\n\n

The acceptance or rejection of a trade mark application is based on the following factors. Whether it:<\/p>\n\n\n\n