Home – New Forums Starting your journey Trademark – Phonetic Alternatives of Generic terms

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  • #991036
    BrodieButler
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    Hello,

    I found an old post about this listed below, but I have an extension to it. (http://www.flyingsolo.com.au/forums/starting-business/15322-trademark-phonetic-alternatives.html)

    I hear a lot about phonetic alternatives spelt differently compared to existing trademarks(as talked about in that thread above), but how would this apply to generic words?

    Eg:
    Say I have a fruit business and I want to register the trademark name “Froote”. So its a made up word spelt completely different, but just sounds the same as the generic word “fruit”. The business actually sells vegetables, and water as well, not just fruit.

    Would this be possible to register at all? Or is the phonetic similarity to the generic word enough to stop it.

    #1179648
    Anonymous
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    Hi BrodieButler,

    Interesting question! I hope that one of our resident experts is able to help you with some answers!

    In the meantime, welcome to the forum, and thank you for joining us.

    All the best,
    Jayne

    #1179649
    BrodieButler
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    Anyone able to point me in the right direction of someone I could talk to then?

    #1179650
    Peter – FS Administrator
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    BrodieButler, post: 210146 wrote:
    Anyone able to point me in the right direction of someone I could talk to then?

    Hey Brodie,
    Interesting question. I would suggest checking our forum members Jacqiepryor and/or Victorng who were great contributors to that older thread and are likely to have expertise in this area. You can send them a message via their profiles.
    Would also be great to hear how you go with your research.
    Cheers
    Peter

    #1179651
    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,

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