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Is Your Trademark Eligible for Registration in Australia? Perth
- Location: Perth, Perth, Perth, Australia
Not every mark is eligible for trademark protection. To be eligible for a Trademark Application Australia your mark must meet certain criteria. Let’s dive into the key factors that determine eligibility.
2.1 Distinctiveness
For your trademark to be eligible for registration, it must be distinctive. This means that it must be unique and capable of distinguishing your goods or services from those of other businesses. Generic or descriptive terms generally cannot be registered as trademarks.
2.2 Non-Conflicting Marks
Your trademark should not conflict with existing trademarks in Australia. A trademark search is a crucial step to ensure that your mark does not resemble an already registered trademark, which could lead to objections during the registration process.
2.3 Use in Commerce
A trademark must be used in commerce in Australia, meaning it must be actively used in relation to your goods or services. Intent to use a trademark without actually using it in the market might not be sufficient grounds for registration.
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