How to select a strong trademark
The most effective trademarks are:
- easy to pronounce
- easy to spell
- easy to remember
- easy to reproduce verbally or in writing
- able to be used worldwide without different or controversial meanings in other languages
- easy to distinguish from trade marks used by competitors
What should I not use as a trademark?
To be eligible for registration, a trademark must be capable of distinguishing goods or services of one trader from those of another. For this reason, a trademark should not be:
- a sign which other traders are likely to wish to use in conjunction with their similar goods and services. (Trade marks which are descriptive of the goods or services, or expressions and acronyms common to the trade generally fall into this category.)
- a geographical name or a common surname
- scandalous or contrary to law
- likely to deceive or cause confusion (this may include marks which imply a false geographical origin or quality of the goods or services)
- substantially identical or deceptively similar to a prior trademark application or registration in relation to the same, similar or closely related goods and services (unless prior use or honest concurrent use of the mark can be shown). Substantial evidence of use of a trade mark which shows that the sign is in fact capable of distinguishing the goods and services may, in some instances, assist in obtaining registration.