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

Not necessarily. Your examination results in Australia reflect only the standards of the Australian IPO; other IP offices apply their own criteria. A mark considered too descriptive in Australia may pass in a jurisdiction with a more liberal approach to distinctiveness, and may face similar issues in one with equally strict standards.

The safest approach when filing in new jurisdictions after a descriptiveness issue in one country is to file the logo mark rather than the wordmark, at least initially. If the wordmark's prospects in a new market appear stronger based on local standards, it can be filed separately alongside the logo application.

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