1. Introduction

Date Published

Trade marks that are not capable of distinguishing the applicant's goods or services from the goods or services of other persons must be rejected. They may only proceed to acceptance if information supplied by the applicant, or information discovered by the examiner during research, satisfies the Registrar that the application does or will distinguish the applicant's goods or services.

The applicant may attempt to satisfy the Registrar in a number of ways:


  • making submissions in rebuttal;

  • amending the specification of goods and/or services to overcome the ground for rejection;

  • supplying informal information, such as examples of the trade mark in use in the marketplace, information about the industry or relevant market, to support the application;

  • providing formal evidence of use;

  • advising of any other circumstances that might make it appropriate for the Registrar to accept the trade mark.


Such information should be provided in electronic format via eServices. Providing clear digital images of any objects bearing the trade mark will be as effective as providing the objects themselves.