Trade Marks Act 2002

Registrability of trade marks - Preliminary - Registrability of trade marks: general

16: Commissioner's preliminary advice regarding distinctive character of trade mark

You could also call this:

"Getting early advice on whether your trade mark is unique enough"

If you want to register a trade mark, you can ask the Commissioner for advice about whether they think your trade mark is unique enough. This advice is given before you make your official application.

If the Commissioner tells you that your trade mark is unique, but then later rejects your application because they decide it's not unique after all, you can get your money back. To get this refund, you need to apply for the trade mark within 3 months of getting the advice, and you must withdraw your application before you get the refund.

Remember, the Commissioner's first opinion is just preliminary advice. The final decision about your trade mark might be different when you actually apply.

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"Rules for group-owned trade marks"


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17: Absolute grounds for not registering trade mark: general, or

"Reasons why a trade mark can't be registered"

Part 2Registrability of trade marks
Preliminary: Registrability of trade marks: general

16Commissioner's preliminary advice regarding distinctive character of trade mark

  1. The Commissioner must, if required by a person who proposes to apply for the registration of a trade mark, advise the person whether, in the Commissioner's opinion, the trade mark has a distinctive character.

  2. A person who is advised under subsection (1) that a trade mark has a distinctive character is entitled to be repaid any fee that the person paid on the filing of the application if,—

  3. within 3 months after the Commissioner gave that advice, the person applies for the registration of the trade mark; and
    1. the Commissioner rejects the application on the basis that the trade mark has no distinctive character.
      1. A person entitled to a refund under subsection (2) must withdraw the application before the payment of that refund.