Client login

Frequently Asked Questions

Can I register a generic word as a trademark?

Updated June 20, 2011

Generally this is only possible if the generic word or words are unrelated to the class of goods or services for which you intend to use the trademark. This is because a trademark is, by definition, a sign used commercially to distinguish the goods or services of one trader from those of another in the marketplace.

It is only in quite unusual circumstances that a trademark will be registrable if its main feature is a letter, word, phrase, name, number, device, shape, colour, sound, scent or symbol commonly used by other traders in a similar field. (See Section 41 Trade Marks Act 1995 (http://www NULL.austlii NULL.edu NULL.au/au/legis/cth/consol_act/tma1995121/s41 NULL.html))

No comments yet

Post a comment

Thank you for taking the time to comment on our FAQs. We are happy to take your suggestions on how to improve our online help resources.