We can do a search of the records and supply a list of trade marks that are the same as or similar to your proposed trade mark and in respect of the same or similar class of goods or services.

In addition to the search we can provide preliminary advice as to whether your proposed trade mark is sufficiently distinctive so that it distinguishes your goods and services from those of other traders.

Therefore there are a number of factors which you must consider before applying to register a trade mark. Listed below are some important points:

Is it distinctive?

Does your trade mark stand out from the crowd? Does your trade mark, be it a logo, word, picture, etc. clearly set your goods and services apart from those of other traders? We will object to the mark if we do not think it does.

We will consider invented words or everyday words that are in no way associated with your line of business as distinctive. For example the invented word “ZAPKOR” is distinctive for spectacles and the word “BLOSSOM” is distinctive for medical services.

Is it a description of your goods and services?

If your trade mark describes the goods and services or shows the quality, purpose, quantity or value of them, then we are likely to object to the mark.

Similarly we are likely to object to the use of geographical name in a mark.

For example, we would for the above reasons object to the following

marks: “QUALITY HANDBAGS”, “FRESH AND NEW” and “NEW YORK FASHION”.

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