When you file a trade mark application, an examiner from IP Australia will assess
whether your trade mark is fit for registration. If the examiner
does not accept your application for trade mark registration, you
will receive an adverse examination report detailing the reasons
for objecting to your application. Some of the most common grounds
for objection are that your trade mark:
- lacks distinctiveness;
- contains generic or descriptive terms relative to the goods and
services covered by the application; or
- is substantially identical or confusingly similar to another
registered trade mark or pending trade mark application.
This article will discuss why your trade mark application may be
rejected and how you can rectify the problems identified in the
adverse examination report.
