A while back, I was thinking about the Australian plain packaging law, and it occurred to me that people were saying "plain package" and "cigarettes" together quite a lot, and the terms are now associated closely with one another. With that in mind, wouldn't it make sense, then, to start a cigarette brand called "plain package", so that people could go into a store and ask for "plain package" cigarettes and buy your product?
I realized that trademarking generic terms is difficult, and my chances were slim, but just for fun I paid the AUS $90 to apply for a trademark with the Australian IP agency.
Not surprisingly, they rejected me. Here are the key excerpts from their response:
This is my response to your application to register a trade mark. I have explained some very significant problems which mean that at present your application cannot be accepted. It is likely to be difficult for you to overcome these problems.
...
What are the problems with your trade mark?
Your trade mark is PLAIN PACKAGE.
Plain package indicates the nature of the packaging your goods are sold in, being packaging with little or no embellishment, decoration, or enhancing elaboration.
Other traders should be able to use PLAIN PACKAGE in connection with goods or services similar to yours.
What would I have done with the trademark if I had gotten it? Most likely nothing, except blog about it, but I did see several intriguing options for the "plain package" trademark: (1) Start my own cigarette company; (2) sell the trademark to an existing cigarette company; or (3) donate it to a public health group. But alas, with the rejection, the decision has now been made for me.
