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Trade Marks
What is a trade mark?
A trade mark can be a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of
packaging or any combination of these.
It is used to distinguish goods and services of one trade from those of another. This means you can't
register a trade mark that directly describes your goods (e.g. radios) and services (e.g. electrician).
While it is difficult to register a geographic name or surname, someone who has used one extensively
in the marketplace for a considerable period of time may be able to achieve registration.
You don't have to register your trade mark to use it
However, registration is advisable because it can be an expensive and time consuming exercise to take
action under common law.
A registered trade mark gives you the exclusive legal right to use, license or sell it within
Australia for the goods and services for which it is registered.
Always search existing trade marks before using a mark or applying for registration. You may find
yourself the subject of legal action if the mark you propose to use is already registered or in use by
someone else.
Time limit
Initial registration of a trade mark lasts for 10 years. After that time you can continue to renew
your registration for successive periods of 10 years on payment of the appropriate fee.
A trade mark can therefore have an infinite life representing significant business value. You must,
however, use your mark in a bona fide way to avoid it becoming vulnerable to removal on the grounds of
non-use.
Who administers trade marks?
Applications should be filed with the Trade Marks Office of IP Australia. They will examine your
application to see if it meets legislative requirements.
You can learn more about the trade marks process under the trade
marks section of this website.
Also, there is protection against misrepresentation under the trade practices or fair trading
legislation and it is also possible to take action under common law.
Useful addresses
The Institute of Patent and Trade Mark Attorneys of Australia (IPTA)
711 High Street
Kew East Vic 3102
Ph. (03) 9857 0311
Fax (03) 9857 0411
Free call: 1800 804 536
Licensing Executive Society of Australia and New Zealand (LES)
PO Box 1051
Pakenham Upper VIC 3810
Ph: (03) 5942 7066
Fax: (03) 5942 7033
AMPICTA - Representing owners of Intellectual Property in Australia
10 Plympton Rd
Carlingford NSW 2118
Ph: (02) 9458 7416
Fax: (02) 9956 7004
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