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ARTICLE · 08 DECEMBER 2024

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Tips for Registering a Wine Brand as a Trade Mark in Australia

Assess a number of issues to ensure that the proposed mark is likely to be available for use and registration.

AustraliaIntellectual Property

Before filing a trade mark application for any goods/services, it is important to assess a number of issues to ensure that the proposed mark is likely to be available for use and registration.

For wine brands, the standard trade mark provisions apply, but there are also additional requirements/considerations relating specifically to the wine industry.

Following is a general checklist of key questions to consider before filing a trade mark application for a wine trade mark:

  1. Is the proposed trade mark sufficiently "distinctive" (unique) to be registrable?

This will depend on whether other wine businesses are likely to legitimately need to use the proposed mark. Consider:

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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