Trade Mark Registration in Australia
What is a Trade Mark?
A trade mark is an asset that allows you to distinguish the goods or services of one trader from those of another. Trade marking a letter, word, name, logo, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent, gives you the exclusive rights to commercially use, licence or sell the trade mark.
When you trade mark your brand, nobody else in Australia can legally commercially use that trade mark in the class of goods or services under which it is registered.
How do you register a trade mark in Australia?
To register a trade mark in Australia, you can work with a trade mark lawyer to register your trade mark. For extra support, a Registered Trade Marks Attorney can give you access to a greater suite of training and expertise in trade marking best practice.
Pod Legal can:
- act upon the knowledge and expertise of Registered Trade Marks Attorney, Jamie White
- work with you to establish what part of your business or brand you should trade mark
- run a comprehensive trade mark search on existing registered trade marks in Australia
- handle the end-to-end process of registering your trade marks
- communicate with you by phone or email with no need for in-person meetings
- charge fixed fee billing on your trade mark registration
Find out more about the cost of trade marking here.
Should I trade mark my business?
There are infinite benefits to trade marking your business in Australia. In a competitive market, new businesses are emerging every day. Trade marking protects the brand identity you’ve worked hard to build, and protects you from infringement.
Trade marking also allows you to:
- obtain a monopoly over your brand in your industry
- prevent unauthorised use of your trade name or logo
- increase the value of your trade mark
- add value to your business
Do I need to trade mark my business?
There is no legal requirement to trade mark your business name, logo or other branding aspects of your business, but trade marking is the only way to obtain legal ownership over your brand. What’s more, if you don’t register your trade marks but someone else does, then you might be up for a lengthy and costly dispute. Worse still, you could be compelled to rebrand.
Can a trade mark registration be rejected?
es. Not all trade mark registrations are successful. To successfully register a trade mark in Australia, it must be capable of distinguishing your goods or services from similar goods and services of other traders.
Trade marks that indicate the kind, quality, intended purpose or value of the goods or services tend to be insufficient in distinguishing your goods or services. These types of trade mark registrations are often unsuccessful.
Other reasons your trade mark registration may be unsuccessful include:
- The trade mark contains common surnames or geographical names
- The trade mark contains ‘scandalous’ matter or swear words
- The trade mark too closely resembles an existing registered trade mark or application