I have trademarked the logo in Australia as the words alone were deemed too descriptive. Would this be the case in other countries as well?

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Written by Tomas Orsula

Senior Trademark Attorney

The assessment of trademark applications can vary between countries, including the treatment of descriptive words or elements within a logo. While Australia may have considered the words alone to be too descriptive and therefore not registrable, it does not necessarily mean that the same assessment will be applied in other countries.

In general, trademark offices assess the distinctiveness and registrability of trademarks based on their specific legal frameworks and guidelines. The level of scrutiny given to descriptive words or elements within a logo can differ between jurisdictions.

Some countries may adopt a more lenient approach, allowing for the registration of descriptive trademarks if they have acquired distinctiveness through use or if they are combined with other non-descriptive elements in the logo. Others may have stricter standards, requiring a higher level of distinctiveness or creativity for trademark registration.

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