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If you’re building a brand in Australia, protecting your business name, slogan or product label is a smart move—but what if it’s based on a common word or phrase? Can it be trade marked? The answer is: it depends.

Trade marking a common word or phrase can be done, but it’s not always straightforward. It depends on how distinctive your mark is, how it’s used, and whether it’s already recognised in connection with your business.

What Makes a Word or Phrase Distinctive Enough to Trade Mark?

In Australia, IP Australia — the body that handles trade mark applications — requires that a trade mark be capable of distinguishing your goods or services from others. If your mark is too generic, descriptive, or commonly used in the industry, it’s unlikely to be accepted.

For example:

• A word like “Apple” is distinctive in relation to computers and phones, but not in relation to fruit.
• Phrases like “100% Australian Made” or “Best Coffee” are considered descriptive and lack distinctiveness.
• Some phrases such as “Fairdinkum” are deemed to be colloquial and needed to be used by many people.

To succeed, a trade mark must be either inherently distinctive or have acquired distinctiveness through extensive use.

Are There Real Cases Where Common Words Were Trade Marked (or Rejected)?

Yes — several cases highlight both successful and unsuccessful attempts to register common words in Australia.  I always advise my clients that a word which has NOTHING to do with your product will make the best trade mark for both registration purposes and also for being memorable to consumers (as compared to generic word which your competitors may use).

Approved Examples:

• “UBER” was successfully registered for ride-sharing services. Although the word “uber” existed in English, it wasn’t commonly used in transport therefore making it distinctive in relation to ride sharing.
• “Apple” for tech products is another classic example. Despite being a common word, it’s distinctive when applied to a non-food category such as computers, phones and tech.

Rejected or Contested Examples:

• “Wine Time” was rejected for being too descriptive—it simply described a time to drink wine, not a brand.
• “The Edge” faced pushback as a radio station name because it was seen as a generic phrase used by others in similar contexts.

These cases show that context is everything. Even a common word can be protected—if used creatively and distinctively.

How Can You Strengthen a Trade Mark Application for a Common Word or Phrase?

If you’re set on a trade mark that includes a common term, there are ways to improve your chances:

• Prove the mark has acquired distinctiveness: If you’ve been using the word or phrase consistently for years, and customers associate it with your business, you can submit evidence—like ads, social media, or customer testimonials—to support your application.
• Use it in a stylised or unique form: Registering a logo, font, or graphic representation of your phrase can help distinguish your brand. While this may not give you rights to the plain word, it still offers meaningful protection but does not always overcome issues of a word being generic.
• Apply for a combination mark: Combine the word or phrase with a unique logo or design element to increase registrability.
• Avoid purely descriptive or promotional terms: If your phrase sounds like a sales pitch (e.g. “The Best in the Business”), chances are it won’t get through.

Why Should You Get Legal Advice Before Filing a Trade Mark?

Trade mark law can be deceptively complex.  A mark that seems “fine” at first glance may be flagged for issues months into the process—or worse, after you’ve launched. Without a solid understanding of how IP Australia applies the rules, you could waste time and money on applications that go nowhere.

A specialist legal team can:

• Assess your brand assets for trade mark viability
• Identify risks and conflicts before filing
• Prepare a stronger, evidence-backed application
• Handle objections or oppositions if they arise

By getting advice early, you avoid costly missteps and improve your odds of securing long-term brand protection.

Want to protect your brand? Get our expert view before you file.
Gladwin Legal helps Australian businesses file and enforce trade marks with confidence. Let us do the heavy lifting—so you can focus on building your brand.

Contact us today for a consultation at  or 1300 033 934.