{"id":6903,"date":"2021-09-22T13:29:00","date_gmt":"2021-09-22T03:29:00","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=6903"},"modified":"2021-09-22T17:21:15","modified_gmt":"2021-09-22T07:21:15","slug":"what-cant-i-register-as-a-trade-mark","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/australian-application\/what-cant-i-register-as-a-trade-mark\/","title":{"rendered":"What Can’t I Register as a Trade Mark?"},"content":{"rendered":"\n

A trade mark is one way to help your brand stand out in the marketplace. Businesses will often seek to register a trade mark for their business name, logo, slogan or even their business’ jingle. However, while trade marks can take many forms, there are some restrictions on what you can and cannot register as a trade mark. To help you with the trade mark registration process, this article will take you through five examples of what you cannot register as a trade mark.<\/p>\n\n\n\n

1. Descriptive Words<\/h2>\n\n\n\n

A trade mark cannot be descriptive. This means that it cannot describe the quality, purpose, or other descriptive characteristics of the goods or services for which it is being used.<\/p>\n\n\n\n

For example, the word \u2018fresh\u2019 will be difficult to register as a trade mark if your goods or services relate to groceries. This is because a trade mark cannot disadvantage the needs of others in your industry. It would be unfair for one business to have a monopoly over the word ‘fresh’ for groceries.<\/p>\n\n\n\n

2. Commonplace Words or Images<\/h2>\n\n\n\n

Trade marks cannot utilise any word or phrase that other businesses in the industry regularly need. Again, a single trade mark owner with exclusive rights to common phrases would be unfair to others in the industry. <\/p>\n\n\n\n

Additionally, you will not be able to register exact images of common industry goods. For example, a common industry good in the photography industry would be a camera. Therefore, a photography business would not be able to register an image of a camera as a trade mark. <\/p>\n\n\n\n

The limitation on commonplace words or images also extends to common abbreviations, acronyms or numbers that are associated with your industry. Some examples of this include \u201824K\u2019 for trade marks relating to jewellery or \u20184×4\u2019 for trade marks relating to vehicles. Therefore, it would be difficult to obtain trade mark registration for commonplace words or images. If they feature in your application, it is best to remove them.<\/p>\n\n\n\n

3. Names<\/h2>\n\n\n\n

It is challenging to get business names as registered trade marks. This includes common first names, surnames or the names of geographical locations. <\/p>\n\n\n\n

Occasionally, some businesses that have built a substantial reputation at a specific location over time may obtain the right to use a geographical name.<\/a> However, this will rarely be possible. In particular, it will be especially difficult to register the names of geographical areas known for particular goods or services, such as the Yarra Valley for wine. <\/p>\n\n\n\n

Additionally, certain surnames contained in business names<\/a> may also be registered as trade marks by their owners.  For instance, common surnames such as \u2018Smith\u2019 or \u2018Jones\u2019 will be harder to register. On the other hand, it will be much easier if you have a unique or rare name.<\/p>\n\n\n\n

4. Restricted Words<\/h2>\n\n\n\n

Restricted words are another example of what you will not be able to register as a trade mark. Specifically, there are a number of words relating to financial services that are prohibited for use in trade mark class 36<\/a>. <\/p>\n\n\n\n

Examples of forbidden words and phrases include:<\/p>\n\n\n\n