Australian trademark attorney for Adverse Examination Report
Budget: $30 – $250 AUD
I have an adverse examination report from IP Australia that refuses my trade mark.
Adverse Examination Report
The following issues have been raised under the Trade Marks Act 1995 and will need to be addressed before yourtrade mark can be accepted.
o Issues raised under Section 41 of the Trade Marks Act 1995.
o The application has formalities issues
Issues raised under Section 41 of the Trade Marks Act 1995.
Section 41 - Trade mark not distinguishing applicant's goods or services
A ground for rejecting an application must be raised if the trade mark you are seeking to register is not
capable of distinguishing your goods or services.
A trade mark is not capable of distinguishing goods or services if:
1) It has an ordinary signification (i.e. meaning) to anyone in Australia purchasing, consuming, or
trading in the relevant goods and/or services.
AND
2) It is likely other traders would desire to make honest use of the trade mark, or one very nearly
resembling it, for its ordinary signification in connection with similar goods and/or services.
Your trade mark is LOAN DONE.
The trade mark LOAN DONE is comprised of ordinary English words that have a clear and direct meaning when considered in relation to the services claimed.
When used in relation to the services claimed in Class 36 the words LOAN DONE will be readily understood by consumers as meaning that a loan has been completed, finalised or successfully arranged.
This trade mark therefore directly describes the nature, purpose or result of the services rather than act as a badge of origin. Other traders should be able to use the words LOAN DONE or something so nearly resembling it in connection with their similar or closely related goods or services.
SUPPLYING EVIDENCE OF USE:
You might be able to overcome this problem if you supply evidence of use in terms of subsection 41(3) of the TradeMarks Act 1995. Any evidence would need to be very extensive and very persuasive.
For information about how to supply evidence of use of a trade mark under subsection 41(3) of the Trade Marks Act1995 , please refer to the information titled Providing Section 41 evidence on our website, available at https://www.ipaustralia.gov.au/trade-marks/how-to-respond-to-an-examination-report/how-to-provide-evidence-of-use.
The application has formalities issues
Your application indicates that this trade mark is owned by: LOAN DONE
You have also provided the ACN/ABN/ARBN details for: 154 149 149 PTY LTD
The listed owner of this trade mark appears to be a business name. The owner of a trade mark must be clearly identified as a specific legal entity with the legal right to own property (including trade marks). A business name is insufficient for this purpose.
What you can do now Please request an amendment, in writing, to amend the owner of this trade mark to the legal entity identified in the ACN/ABN/ARBN.
OR
Please provide the full name and address of the legal entity which owns this trade mark. If this is a corporate entity, please ensure the appropriate legal identifiers are made explicit (such as PTY LTD). If this is a private individual, please provide their full name without initials. Please also request an amendment, in writing, to amend the ownership details accordingly.
Uploaded Logo PDF report for reference
Adverse Examination Report
The following issues have been raised under the Trade Marks Act 1995 and will need to be addressed before yourtrade mark can be accepted.
o Issues raised under Section 41 of the Trade Marks Act 1995.
o The application has formalities issues
Issues raised under Section 41 of the Trade Marks Act 1995.
Section 41 - Trade mark not distinguishing applicant's goods or services
A ground for rejecting an application must be raised if the trade mark you are seeking to register is not
capable of distinguishing your goods or services.
A trade mark is not capable of distinguishing goods or services if:
1) It has an ordinary signification (i.e. meaning) to anyone in Australia purchasing, consuming, or
trading in the relevant goods and/or services.
AND
2) It is likely other traders would desire to make honest use of the trade mark, or one very nearly
resembling it, for its ordinary signification in connection with similar goods and/or services.
Your trade mark is LOAN DONE.
The trade mark LOAN DONE is comprised of ordinary English words that have a clear and direct meaning when considered in relation to the services claimed.
When used in relation to the services claimed in Class 36 the words LOAN DONE will be readily understood by consumers as meaning that a loan has been completed, finalised or successfully arranged.
This trade mark therefore directly describes the nature, purpose or result of the services rather than act as a badge of origin. Other traders should be able to use the words LOAN DONE or something so nearly resembling it in connection with their similar or closely related goods or services.
SUPPLYING EVIDENCE OF USE:
You might be able to overcome this problem if you supply evidence of use in terms of subsection 41(3) of the TradeMarks Act 1995. Any evidence would need to be very extensive and very persuasive.
For information about how to supply evidence of use of a trade mark under subsection 41(3) of the Trade Marks Act1995 , please refer to the information titled Providing Section 41 evidence on our website, available at https://www.ipaustralia.gov.au/trade-marks/how-to-respond-to-an-examination-report/how-to-provide-evidence-of-use.
The application has formalities issues
Your application indicates that this trade mark is owned by: LOAN DONE
You have also provided the ACN/ABN/ARBN details for: 154 149 149 PTY LTD
The listed owner of this trade mark appears to be a business name. The owner of a trade mark must be clearly identified as a specific legal entity with the legal right to own property (including trade marks). A business name is insufficient for this purpose.
What you can do now Please request an amendment, in writing, to amend the owner of this trade mark to the legal entity identified in the ACN/ABN/ARBN.
OR
Please provide the full name and address of the legal entity which owns this trade mark. If this is a corporate entity, please ensure the appropriate legal identifiers are made explicit (such as PTY LTD). If this is a private individual, please provide their full name without initials. Please also request an amendment, in writing, to amend the ownership details accordingly.
Uploaded Logo PDF report for reference