Mistakes to Avoid When Registering a Common Metal Trade Mark Under Class 6

George Raptis

• 29 July 2021
• 29 July 2021
• 5 min read

Many people are unaware that trade marks are registered in connection with certain goods and services. If you intend to register a trade mark in connection with the common metals your business manufactures and sells, it is likely that you will need to include class 6 in your application. To help guide you through the registration process, this article provides an outline of the goods listed in class 6 and identifies some mistakes you should avoid when registering a common metal trade mark.

Goods in Class 6

Class 6 is a large category containing a range of common metal goods. According to IP Australia’s Trade Mark Classification Search, goods in class 6 include unworked and semi-worked: 

• common metals;
• alloys;
• ores;
• metal hardware; and
• metal building materials. 

The category generally includes metals in their raw material form. However, class 6 also includes some finished goods that are mostly made of metal, where they cannot be classified by their function or purpose elsewhere on the classification system. These include finished goods such as figurines and statuettes.

The list of goods in class 6 is extensive. However, a summary of some key examples of these goods is in the table below.

Mistakes to Avoid 

When registering a common metal trade mark under class 6, you should avoid the following to minimise your chances of applying for an ineffective trade mark or IP Australia rejecting your application.

1. Overlooking Other Relevant Classes 

There are other classes beyond class 6 which may be relevant to the goods that your business manufactures and sells. Other classes which may be relevant to common metals include class:

• 2, which includes metals in powdered form and anti-corrosive paints;
• 19, which includes other non-metal building materials; and
• 40, which includes smelting and other metal treatment services.

You must accurately translate the protection you seek over your goods in your application. After all, your trade mark is only capable of protecting the goods and services that IP Australia have approved in your application. If you forget to include a certain class in your application, it is unlikely that you can amend your application once you have submitted it to IP Australia. This may result in you having to submit a wholly new application at an additional cost.

2. Avoid Generic Terms

A trade mark must be capable of distinguishing your goods and services from those offered by others. If you attempt to trade mark a generic term or description of your common metal good, it is likely that others in the metal goods industry would also want to use the term when applying for a trade mark. For example, some generic terms would include the names of metals themselves, like iron or steel. As a consequence, IP Australia can reject your application under section 41 of the Trade Marks Act. 

However, this does not mean that you must avoid generic terms entirely. Rather, you can couple generic descriptions or terms with additional features, such as your: 

• company logo; or
• distinctive mascot. 

Doing so can ensure that your trade mark does not fall victim to genericide.

3. Failing to Conduct a Trade Mark Search

One of the biggest mistakes trade mark applicants make is not checking the Trade Mark Register to ensure that their intended trade mark has not already been registered. If you attempt to register a similar or identical trade mark to one that IP Australia has already accepted, it is likely to deceive or cause consumer confusion. As a consequence, IP Australia can reject your application under section 43 of the Trade Marks Act. 

To avoid this, you should conduct a comprehensive search of the Trade Mark Registry. By entering the keywords or image of your intended trade mark in the search bar, you can identify whether your trade mark has or has not already been registered.

Key Takeaways 

When registering a common metal trade mark under class 6, it is important that you:

• look at other classes which may be relevant to your product or services;
• avoid generic descriptions; and
• conduct a trade mark search to ensure your intended mark has not already been registered. 

If you need help with registering a common metals trade mark, our experienced trade mark lawyers can assist. Call us on 1300 657 423 or complete the form on this page. 

Frequently Asked Questions