A Trade Mark is a word, tag-line, sign, badge, logo, scent or colour used or intended to be used to distinguish goods or services sold and promoted by your business from those sold or advertised by its competitors. Under Australian law, Trade Marks can be registered with IP Australia, the government agency responsible for administering intellectual property law.
What can I register?
A very wide range of characters can be registered as Trade Marks, including letters, words, names, signatures, numbers, logos, brands, headings, labels and tickets, sides of packaging, shapes, colors, sounds and scents.
What cannot be registered?
Some words cannot be trademarked. For example, it is very difficult to obtain registration for a Trade
Mark consisting of:
- words that are descriptive of your product or service or the features or quality of your product
or service: - words which describe your goods or services as being the "Superior" or "Excellent."
- Common surnames and famous place names such as Paris and Melbourne; or
- common words used in specific industries. For example, the word "Renewable" refers to a
natural resource or source of energy and would be required for use by other businesses .
It may also be difficult to obtain trademark registration for marks that are too similar to already registered trademarks.
The Benefits of registering a Trade Mark
Broadly speaking, registering a Trade Mark gives the business owner considerable benefits including:
- Legal Protection: registering a Trade Mark provides legal protection for your brand or business identity. It gives you exclusive rights to use the trademark in connection with your goods or services (for a period of 10 years and the right to renew), and it helps prevent others from using a similar mark that could confuse consumers. If you use a Trade Mark as a trade name, domain name, or company name without registering it as a trademark, you do not acquire these rights.
- Brand Recognition: Trade Marks help build brand recognition and loyalty. A registered Trade Mark distinguishes your products or services from those of competitors, making it easier for consumers to identify and choose your brand.
- Business Credibility: A registered Trade Mark adds credibility to your business. It signals to customers that your brand and products have undergone a formal registration process and are legally protected.
- Enforceable Rights: With a registered Trade Mark, you have the right to take legal action against anyone who uses your mark without permission. This legal recourse is not as straight forward for unregistered Trade Marks.
- Global Protection: Trade Mark registration can provide protection on a national and international level. It allows you to enforce your rights in the countries where you have registered the Trade Mark, helping prevent unauthorised use globally.
- Asset Value: A registered Trade Mark can become a valuable business asset. It can appreciate in value over time as your brand gains recognition and popularity.
- Exclusive Use: Trade Mark registration grants you exclusive rights to use the mark for the specified goods or services in the registered classes. This exclusivity helps in avoiding conflicts with other businesses using similar marks.
The Registration Process
In practice, registering a trademark involves performing a detailed Trade Mark availability search, including searching relevant Trade Mark databases and advising on search results. Advice on classes of goods and services for which registration is recommended.
Classes of Goods and Services
For the purposes of Trade Mark registration, all goods and services are classified into classes. The owner of a registered Trade Mark has exclusive rights to use that trademark in connection with:
(a) goods and services for which Trade Marks are registered.
(b) goods and services similar to those for which the trademark is registered.
Timing
It typically takes 7-8 months from the time a trademark application is filed until the application is completed and a trademark registration certificate is issued. If your application encounters opposition from IP Australia or resistance from third parties, registration may be significantly delayed.
Why is Trade Mark Registration Important
Registering your Trade Mark is an important step in protecting your brand, establishing business credibility and ensuring exclusive rights to your business identity. Once registered you have the exclusive rights to use your Trade Mark with respect to your selected goods and services and this can be instrumental in the long-term success and integrity of your business.
