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What are the criteria for an eligible trademark?

Written by Jan Buza

Co-founder of Trama

For a trademark to be eligible for registration, it should ideally meet these criteria:

Distinctive: The trademark should be unique and capable of distinguishing your goods or services from others. It shouldn't describe the products or services you're offering, and it shouldn't just be a generic industry term.
Non-confusing: The trademark cannot be too similar to existing marks. It should not cause customer confusion with a mark that's already registered or being used for similar goods or services.
Non-offensive: The trademark should not be immoral, scandalous, or offensive to any particular group of people.
Not generic: The trademark should not be a common term used widely to describe the goods or services it represents.

By meeting these criteria, your trademark has a higher chance of being eligible for protection.

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How to maximise chances of a trademark registration success?

Skill, experience and attention to detail play an essential role in mitigating the potential risks that could impede a successful trademark registration. Given the non-refundable trademark application fees, relying on a trusted expert can provide applicants with an economic benefit in addition to the peace of mind.

When should I register my trademark?

Timing is everything, and this is especially true when it comes to trademark registration. Choosing to trademark your brand at the right time is much more important than you would think.