Are geographically descriptive marks registrable in Australia?

It is generally difficult to register geographical names as trademarks in Australia, particularly where these geographical words have an obvious connection with the goods or services being trademarked.

For example, the word MAATSUYKER describes a series of small uninhabited islands off the coast of Tasmania. The trademark office has previously rejected an application for the trademark MAATSUYKER in relation to Seafood (class 29) but accepted the trademark MAATSUYKER in relation to Clothing (class 25). The reasoning is simple, there is an obvious connection between the geographical islands and the fishing industry, thus it is possible that other fishing operators might need to use the word MAATSUYKER to describe their goods. By contrast, it is highly unlikely that there will be many clothing manufacturers on these uninhabited islands who need to use the word MAATSUYKER to describe their goods.

Can't find the answer that you are looking for?

Submit your question and email below and you will be notified once your question is answered


To open in a new tab, click: Are geographically descriptive marks registrable in Australia?

By |2019-01-15T17:40:37+00:00January 8th, 2019|0 Comments

About the Author:

Leave A Comment

Anita photo

Anita Mar
CEO and Registered Trademark Agent at Trademark Angel Inc.

Sign up to our newsletter

Sign up to our newsletter to get inside tips about trademarks and also to benefit from our promotions. We promise we don’t spam.

When you subscribe, you will receive a PowerPoint presentation of our tips: “Trademark Usage Rules”.