When is a trademark not registrable?

We are often asked the question: “When can’t I register my trademark?” So we thought we’d explain some examples of trademarks that are not usually registrable.

When a trademark application is submitted with the Trademark Office, it has to be evaluated by a trademark examiner, who will assess it for registrability. If your proposed trademarkmark doesn’t match the legal requirements for registration, you’ll get a notice of a trademark objection. (Usually, you can overcome these objections, but it’s advisable to avoid this by doing your homework at the start so that you don’t submit a trademark that is not registrable.)  

It’s unlikely you will be able to register your trademark if:

1. It resembles an existing well known mark

Your trademark is very similar or identical to a well known trademark (and you’re capitalising on their reputation).

For example, EASYJET COURIER for courier services vs EASYJET (an existing airline)

2. There’s an existing conflicting mark on the register

You will receive a trademark objection if there’s already an identical or confusingly similar trademark already on the register that covers the same or similar goods or services to yours.

For example, EEZEE-GO for courier services vs EASYGO for transport services

3. Your mark is non-distinctive

Your trademark is commonly used in your industry and should be available for others to use.

For example, DELIVERIES NOW for courier services

4. Your mark is descriptive

Your trademark describes the goods or services you provide.

For example, THE COURIER COMPANY for courier services

5. Your mark describes characteristics or quality of your goods or services

For example, QUICK COURIERS for courier services

6. Your mark is laudatory or complimentary

Your trademark contains superlative words (such as SUPER, PRIME).

For example, SUPREME COURIERS

7. Your mark is confusing or deceptive

Your trademark is likely to confuse or deceive the public.

For example, DELIVERY DRONES for delivery services, when you deliver by van

8. Your mark is scandalous or offensive

Your trademark is likely to offend the public. 

For example, FLYING F**K DELIVERIES