'Desktop' and 'Marketing' are now registered trade marks

Posted: 19/02/2009 Rotstein Lockwood Reddy recently succeeded in having the words 'Desktop' and 'Marketing' registered as trade marks in Australia in class 16. A registered trade mark allows the trade mark owner to exclusively use that trade mark in respect of the class of goods or services for which it is registered. The Examiner initially objected to registration of the trade marks on the basis that the words 'Desktop' and 'Marketing' were descriptive. Rotstein Lockwood Reddy overcame the Examiner's objections by establishing that, pursuant to sections 41(5) and 41(6) of the Trade Marks Act 1995 (Cth), the trade marks were capable of distinguishing the client's goods from the goods of other traders by virtue of the client's extensive use and reputation. If you require assistance in applying for a trade mark or overcoming the Examiner's objections to registering a trade mark, contact us.