5 things you need to know about Trademarks
- A trademark is a way of protecting your brand, whether it be a brand name or a logo. By trademarking the name or logo of the product or service that you provide, you are distinguishing your brand from your competitors. Trademarking gives you protection under IP law and rights to prevent competitors from using your trademarks in your area.
- For smaller businesses, trademarking 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. A ™ or ® next to your brand name can reassure potential investors, business partners and customers that your business is thinking about the future.
- The first step in registering a trademark is to check whether the name you’re looking to use is already in use by someone else. There a couple of types of searches that your trademark attorney, consultant or lawyer will perform. If these come up clear, you’ll be able to proceed into the application phase.
- Submitting an application requires the applicant to choose which of the 45 classes you wish to trademark in. Classes are divided up along product and service lines. You can only register a trademark in a class that is relevant to your product or service. Many businesses trademark in a couple of relevant classes.
- Once your trademark attorney, consultant or lawyer submits your application, there may be a number of issues to be dealt with, including objections from competitors, questions from IP Australia, and a range of other issues. If this process is navigated effectively, your registration will be complete in seven and half months after the initial application was made. Finally, remember that an Australian trademark registration does not protect you internationally, so if you’re looking for international protection, talk to your trademark attorney, consultant or lawyer.
Intellectual Property, Building & Construction, Competition & Consumer, Marketing Law & Privacy, Charities & Not For ProfitsExperience:
Hunt & Hunt, Murphy & Moloney
Intellectual Property, Trademarks, Information Technology/Online LawExperience:
Clifford Chance, Sparke Helmore, Wallington Dummer Patent & Trademark Attorneys
Mark my Words Trademark Services