2.2 Absolute or relative grounds preventing registration

As well as ensuring that an application has been made in accordance with the Act and that all fees have been paid, the Commissioner must be satisfied that there are no absolute or relative grounds that would prevent the registration of the trade mark.

Sections 17 to 21 of the Act set out the absolute grounds for not registering a trade mark. Sections 22 to 30 of the Act set out the relative grounds for not registering a trade mark.⁶

The absolute grounds for not registering a trade mark concern the nature of the mark itself, its ability to distinguish the applicant’s goods and/or services from those of other traders, and other public policy considerations. The relative grounds, by contrast, are concerned with conflict between the trade mark applied for and rights held by other persons, entities or traders.

For more information on absolute or relative grounds that would prevent the registration of the trade mark, see the following Practice Guidelines:

Absolute grounds: General

Absolute grounds: Distinctiveness

Absolute grounds: Chemical names

Relative grounds: Prescribed words and abbreviations

Relative grounds: Names and representatives of persons

Relative Grounds: Representations of the Royal family

Footnotes