Is my trade mark eligible for registration?
Your trade mark must distinguish your goods or services from others in the marketplace. For this reason, you will find it very difficult to register trade marks that:
- denote the kind, quality, intended purpose or value of the goods or services;
- are common surnames or geographical names; or
- conflict with an earlier trade mark, or would mislead the public about the nature of the goods or services.
Please note that while it is very difficult to register a geographic name or
a common surname, someone who has used one extensively for a considerable period
of time may be able to achieve registration.
In addition, some words are protected by law and cannot be registered as trade
marks. Some are prohibited as trade marks under the Trade Marks Act ,
for instance, 'Olympic Champion'.
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