Can you provide examples of acceptable and unacceptable trade marks?
Business: Convenience store.
Acceptable?: No. Many stores are open 7 days a week.
Business: Convenience store
Acceptable? Yes.
- Trade mark: Clothes Online
Business: Online clothing
Acceptable? No. This is not distinctive enough. Note that adding .com.au will not help.
- Trade mark: Brass Pineapple
Business: Online clothing
Acceptable? Yes. This would be acceptable for clothing as it is not common usage. However it may not be sufficiently distinctive for food or metalware.
Business: Engine lubricant
Acceptable? No. Putting words together does not make a mark more distinctive.
- Trade mark: Macca’s GoodOil
Business: Engine lubricant
Acceptable? Yes.
- Trade mark: Shopping.com.au
Business: Internet shopping
Acceptable? No. Using an internet address does not make a mark more distinctive.
Business: Internet shopping
Acceptable? Yes.
Business: Pet food
Acceptable? No. Merely misspelling words is not distinctive enough particularly if they sound the same when pronounced.
- Trade mark: Kosta’s Kat Food
Business: Pet food
Acceptable? Yes.
Read some more FAQS from our Trademarks section