The device may not suffice - Two recent Australian trade mark opposition cases

In two recent trade mark opposition cases, IP Australia has considered the distinctiveness of trade marks and illustrated the dangers of using descriptive words in a trade mark.

What this means for you

• These decisions confirm IP Australia's view of the importance of creating a distinctive trade mark.
• When developing a trade mark, avoid using words or names which are well known or have a strong reputation. Adding a distinctive graphic to a trade mark may not be enough to reduce its similarity to other existing registered trade marks.
• If a trade mark is not distinctive, it may be more difficult to stop other traders from using a trade mark which is similar to your mark.
• Trade marks which describe the goods or services in respect of which they are registered are not distinctive. The best trade marks are often invented or fanciful words.