5 things you
need to know
about
Trade Marks
- A trade mark is an aspect of your brand, whether it be a brand name, logo or other distinctive element, which distinguishes your business from other traders. By registering your business name or logo as a trade mark, you are protecting your brand from copycats or competitors who may provide similar products or services. Trade mark registration affords you the ability to enforce your exclusive rights against competitors who use the same or similar trade marks. IP Australia’s free TM Checker tool can help you get started by checking the registrability of a potential trade mark.
- For smaller businesses, applying to register your trade mark shows that you have taken steps to establish and protect your brand. It can be an effective strategy to provide your business with legitimacy in the eyes of customers, or even investors. Placing the ™ symbol next to your brand name or logo can reassure potential investors, business partners and customers that your business is thinking about the future, and can act as a deterrent for copycats. However, a ® symbol can only be used alongside a registered trade mark.
- The first step in registering a trade mark is to check whether the name you are looking to use is already in use by someone else. Your trade mark attorney, consultant or lawyer can perform a variety of searches to see whether a trader is already using the name or sign that you wish to register. If those searches don’t reveal any issues, you will be able to proceed to the application phase.
- Submitting an application requires you to choose which of the 45 classes of goods and services are relevant to your business. You should only register a trade mark in classes that cover your products or services, as each class that you include will incur a filing fee. Many businesses register their trade marks in multiple relevant classes.
- Once your trade mark attorney, consultant or lawyer submits your application, a number of issues may arise, including objections from competitors or refusals from IP Australia. Our lawyers can help you navigate these challenges effectively. If your application progresses to registration smoothly, the entire process will take around seven and half months. Finally, remember that an Australian trade mark registration does not protect your mark internationally, so if you intend to offer your products or services to clients overseas, think about international registration as a next step.
