A clear register can be a warning
Sometimes a search comes back empty for a simple reason: the name is hard to register. If nobody owns a word mark for “Sydney Coffee” in coffee, it may be because an examiner would say those words belong to every coffee trader in Sydney.
A trade mark has to be capable of distinguishing your goods or services from other traders’. Words that other traders may legitimately need to use often fail that test.
The distinctiveness spectrum
| Type | Example for coffee | Registrability |
|---|---|---|
| Generic | COFFEE | Not registrable |
| Descriptive | FRESH ROAST | Usually refused without evidence of use |
| Geographic | SYDNEY COFFEE | Often refused |
| Suggestive | DAYBREAK | Often registrable |
| Arbitrary | MERIDIAN for coffee | Strong |
| Invented | A coined word | Strongest |
The further down the table, the easier a mark usually is to register and to enforce. These examples are illustrative.
Names that attract objections
- Words that describe the goods, their quality or their purpose.
- Laudatory words such as best, premium, pure or ultimate.
- Geographic names connected with the goods.
- Common surnames.
- Combinations of the above, which are often no more distinctive than their parts.
An objection can sometimes be overcome with evidence that the market already recognises the name as yours, but that is slower and less certain than starting strong.
Choosing a stronger name
Shortlist names that suggest rather than describe. Run each through The Search and read the result. A name that is both clear on the register and distinctive is the one worth building on.
This guide is general information about the Australian trade mark system, not legal advice for your situation.
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