Classification of Goods and Services in a Trademark Application (class headings)

Every trademark application must list the specific goods and services that the trademark will cover. Products belong to classes 1 to 34. Services belong to classes 35 to 45. Products are tangible, you can touch them. Services are intangible. Below is a rough classification (class headings) just to give you an idea of general categories  [...]

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 [...]

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

What is considered a merely descriptive trademark in Australia and are they registrable?

In Australia a merely descriptive trademark is one that has no "adaptation to distinguish" your goods and services from those of other businesses. Some examples of such "merely descriptive" trademarks include words which are used for the normal description of the goods or services. An example of this is the word "GIANT" in relation to [...]

By |2019-01-15T18:10:27+00:00January 8th, 2019||0 Comments

Is it a good idea to file a multi-class trademark application?

Given that Australia does not require proof of Intent-To-Use prior to accepting trademark applications, the filing of multi-class trademarks is a much simpler and less risky proposition than in other countries. The only major pit-fall of multi-class trademark applications in Australia is that you only have three years after the filing of the trademark to [...]

By |2019-01-18T18:25:10+00:00January 8th, 2019||0 Comments

On what grounds can a trademark be refused in Australia?

In Australia, a trademark can be refused on several grounds including: - where the trademark conflicts with another registered trademark; - where the trademark is misleading or likely to cause confusion; - where the trademark is scandalous (containing obscenity or offensive material); - where the trademark is not capable of distinguishing your product or service.

By |2019-01-17T16:48:35+00:00January 8th, 2019||0 Comments
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Anita Mar
CEO and Registered Trademark Agent at Trademark Angel Inc.

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