If a trade mark is not capable of distinguishing, does the application have any chance of getting registered?
It will probably mean that a ground for rejection will be raised in the examiner’s first report. However, there are several ways of overcoming grounds for rejection through the provision of evidence of use of the trade mark. You can ring the examiner of the application for further information or alternatively you can discuss these options and their probable costs with a legal adviser. back to top Claimed interest Q. Should I record my claimed interest in a trade mark with IP Australia? Yes. The right of the registered owner to deal with the trade mark is limited only by those claimed interests that have been recorded in the Register. If you ever intend or need to act upon your claimed interest, you will need to have had it recorded. Q. Do I need to file a copy of the agreement between the owner and the person claiming an interest? No. However the basis on which the interest or right is claimed must be specified in the application which must also be a joint application. Q. Do you need t
