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TRADE MARKS - FIRST STEPS
There are many rules concerning the types of trade marks that cannot be registered. For example,your trade mark may be the same as, or very similar to pre-existing registered trade marks or applications for trade marks

  • your trade mark may be the same as, or very similar to unregistered trade marks in use before your use of the trade mark
     
  • descriptive words and slogans cannot be trade marked
     
  • common names and geographical names cannot be trade marked
     
  • misleading trade marks cannot be trade marked
     
  • slanderous and offensive material cannot be trade marked  
     
  • otherwise protected words (such as “Olympic” and “Champagne”) cannot be trade marked
Pegasus IP can advise you on the validity of your trademark and strategies to overcome any potential objections with the Trade Mark Office. We can also help you determine the appropriate classes of goods and services that will best protect your investment, noting that the application must be correct in the first instance as you cannot add goods or services after publication. We can then file your application with IP Australia, and guide you through the examination and prosecution process with IP Australia.
 
Trademark searches are recommended to ensure that a person does not unwittingly infringe on another person’s trade mark. This can avoid significant expense during the application and prosecution process with the Trade Mark Office, the costs of creating promotional materials and branding for a trade mark that you will not be able to use, and in preventing litigation or potential infringement proceedings.
 
   

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