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JacquiPryor
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Hi Brodie,

sorry for not seeing and replying to your post sooner.

Using your example of being able to register “Froote” for fruit related goods/services. The short answer is yes, it could be possible to register.

A trademark, by definition, is the sign that you use to distinguish your products/services from others. If you were using “Froote” in this manner then you could apply for registration. There is a chance that an objection would be presented due to it’s similarity to the generic/descriptive word “Fruit” – however, you are provided the opportunity to reply to that objection in order to show the examiners that because of how you have used the brand, or possibly how you intend to use it, that it does or will form the capability to distinguish in the required manner.

Each case is different obviously so it could depend on how unique the misspelling of the common word is.

Further, keep in mind that if you use or promote a logo that incorporates a misspelling of a generic word this would stand a higher chance of smooth registration in terms of avoiding this type of objection.

The ‘question’ asked is whether other traders would genuinely need to use your trademark in the ordinary course of trade to describe the same or related products/services.

I hope this helps. If you’d like to send me a PM with your actual name I may be able to offer more definite advice for you.

Regards,