You’ve picked the perfect name. You’re ready to claim it. You head to IP Australia’s website and start filling out the trade mark application. It seems simple enough, right?

But before you hit ‘Submit’, there’s something you need to know: over 30% of trade mark applications in Australia are rejected often due to avoidable errors.

At The TradeMark Factory™, we do things differently. Unlike automated platforms that leave you to figure it all out alone, our legal experts personally review every application — no bots, no shortcuts. We ensure your trade mark stands the best chance of being approved by identifying issues before they become costly setbacks.

Here are the five most common rejection reasons we screen for before filing at no extra cost to you.

1. Too Similar to an Existing Trade Mark

This is the most common reason trade marks get rejected.

IP Australia refuses applications if your mark is too similar to a registered one — particularly if it’s in the same or related class of goods/services. Similarity isn’t just about identical names. It can include:

Similar spelling or pronunciation
Similar meaning or impression
Similar logos or visual elements

What We Do: Our experts conduct exact word clearance searches and assess potential conflicts before you file. If we spot something problematic, we’ll explain the risks and help you rework your application — or choose a stronger alternative.

2. Descriptive or Non-Distinctive Names

A trade mark needs to be distinctive — something that clearly identifies your brand and not just the product or service itself.

For example:

“Fresh Apples” for a fruit shop? Too descriptive.
“Speedy Cleaning” for a cleaning service? Too generic.

These kinds of names usually get rejected because they don’t set your brand apart from others.

What We Do: We assess whether your mark is capable of distinguishing your goods or services. If not, we’ll suggest ways to make it registrable — maybe by adding a distinctive element or adjusting your brand positioning.

3. Incorrect or Incomplete Classification

Trade marks in Australia are registered under specific classes that represent the goods and services your business offers. Picking the wrong class or missing a relevant one — can lead to:

Rejection of your application
Weak protection that doesn’t actually cover your business activities
Trouble enforcing your rights later

What We Do: We can help you identify the right classes for your brand if you are not sure. We make sure your trade mark is protected exactly where it counts.

4. Vague or Misleading Descriptions

A vague or overly broad description of your goods/services can get your trade mark flagged or rejected. IP Australia wants clarity — they need to understand exactly what you're offering.

For example, “technology services” is too broad. Are you offering web development? SaaS products? IT support?

What We Do: If you are not sure, we can help you craft accurate and compliant descriptions that reflect your business and meet IP Australia’s standards. No guesswork, no confusion.

5. Use of Prohibited or Restricted Words

Some words and symbols are off-limits under Australian trade mark law — including terms that imply government affiliation (like “ANZAC,” “Police,” or “Royal”), misleading terms, or flags and national emblems.

Using these — even unintentionally — can lead to automatic rejection.

What We Do: Our legal team checks your mark for any restricted or sensitive terms. If your mark includes problematic content, we’ll let you know and help you adjust it without compromising your brand’s integrity.

Bonus: We Don’t Just Spot the Problems — We Solve Them

At The TradeMark Factory™, identifying these red flags is just part of the process. What sets us apart is how we handle them. If we find an issue, we don’t just send you a generic warning — we work with you to fix it. Whether it’s refining the wording, choosing the right class, or reworking the mark entirely, we’re by your side.

And the best part? There’s no extra charge.
It’s all part of our commitment to giving you smart, thorough, and affordable trade mark protection — in Australia and beyond.

Thinking of Registering Your Trade Mark?

Don’t leave it to chance — or automation. Before you hit ‘Submit’, let our experts take a look. You’ll save time, money, and stress — and give your trade mark the strongest start possible.

Trust us with your brand.
Got a question? Contact us now we’re here to help.

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