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What type of trademarks are not registrable?

  • Generic terms;
  • Names, symbols, flags or of states, regions, nations, or of international organizations;
  • Any marks or signs that are contrary to Australia’s moral standards and/or public order;
  • Sufficient evidence that you are exclusively using the mark in Australia prior to date of application.;
  • Non-distinctive trademarks;
  • Marks that function primarily as surnames. You can have it registered as long as you can demonstrate that it has capability of becoming distinct;
  • Marks that function primarily as geographical names or locations. It can be registered as long as you can demonstrate its capability of becoming distinct.

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