Trade mark registrability

Not all trade marks are registrable.  Your trade mark may not be registrable if it is:

• similar to another trade mark already registered or in use – for example a trade mark registration for CHUSE may block an application for SHUSE
• descriptive – it describes the products or services you offer – for example, SHIRTS CO.
• includes a term that is commonly used in the industry – for example,
• is something that others in your industry would think of to want to use – for example,
• mis-used so it would cause confusion – for example, BEER for a drink that does not contain beer
• offensive – for example, shit
• for something you have no intention to use – for example, you are only registering the trade mark to stop others using it and you have no intention of using it yourself, or not for all the goods and services you are claiming.

If you have questions about whether your trade mark is registrable, or what trade mark you should apply for, MARKY would be happy to help.

Trade mark registration fees