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Trademark: what should I check before filing?
Most trade mark problems start before filing: a mark that is too descriptive, a conflict nobody searched for, or an application in the wrong name.
A descriptive or common mark is likely to be objected to under section 9.
High complexity - significant legal consequences
- Section 9(1) bars marks that are devoid of distinctive character, or that consist only of words or signs describing the kind, quality, intended purpose, value or geographical origin of the goods or services.
- The proviso to section 9(1) allows registration if the mark has acquired distinctive character through use, or is a well-known mark - but you will need evidence.
- If you are still choosing a brand, a more distinctive mark is usually cheaper and stronger than arguing an objection later.
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