6. The minimum filing requirements

Date Published

The minimum filing requirements for an application for registration of a trade mark are set out in reg 4.2 and are discussed below.

6.1 An express or implicit indication that registration is sought

The trade mark application must state that the application is for registration of the trade mark, or contain a clear indication to that effect (paragraph 4.2(1)(a)).  It is very unlikely that this requirement will not be met.

6.1.1  The indication could be, for example:

  • a form headed “Application to register a trade mark” or the like, such as an approved form provided for use by the Registrar; or
  • a statement to the effect that “I .... of.... hereby apply for registration of the trade mark ...”; or “I want/wish to register a trade mark” as in a letter; or
  • a letter which, despite not having an explicit statement, contains every indication of intention by providing the details required for an application for registration, and which is accompanied by the appropriate application fee.

6.2 Requirements for the applicant’s name

The application must specify the applicant’s name (paragraph 4.2(1)(d)).

6.2.1 The name of the applicant

  • individuals - for the purposes of minimum filing requirements a surname with an initial would suffice, but the full name would be preferable and will be required when the application is examined.
  • other - there is no need for full designation of a company, partnership etc. for the purposes of minimum filing requirements, (eg PTY LTD, INC, Co. etc.), however these details may be required when the application is examined.

6.3 Sufficient information to enable the Registrar to contact the applicant

The application must contain sufficient information to enable the Registrar to contact the applicant (paragraph 4.2(1)(e)).  This could be the applicant's address (including a PO Box, c/-), address for service or telephone or facsimile number.  The address or telephone or facsimile number of the applicant’s agent, if any, would also be sufficient to meet this requirement.

6.4 A representation of the trade mark which is sufficient to identify the trade mark

The representation of the trade mark must clearly identify the trade mark (paragraph 4.2(1)(b)).  It should show clearly all the features of the trade mark.  The issue of its suitability for reproduction is not considered for the purposes of minimum filing requirements.  For non traditional signs a description of the mark should be provided.

6.5 Specify the goods and/or services for which registration is sought

Paragraph 4.2(1)(c) requires that the applicant specify the goods and/or services in relation to which the application is made.  At least one good or service should be specified.  A specification that claims “all goods” or “all services”  etc. in a particular class is not considered to meet minimum filing requirements because no goods or services have been specified.  Class numbers are not required for the purpose of minimum filing requirements.