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Marks
A trade mark may be your most valuable marketing tool. The public will identify
a certain quality and image with goods and services bearing your trade mark. If
you are thinking about a new product or service and you want to establish an image
for it, you should also be thinking about a distinctive trade mark under which
to market.
Remember, however, that not all trade marks can be registered. A trade mark
is not registrable if it is not capable of distinguishing your goods or services
from the same or similar goods or services of other traders in the marketplace.
Trade marks which conflict with an earlier trade mark, or would mislead the
public about the nature of the goods and services, are also difficult to register. Is my trade mark registrable?
This is why you should search trade mark records before using a new trade mark
and before filing an application to register it. Similar trade marks could block
your application for registration. The search could also save you trouble and
money by alerting you to existing trade marks which are so similar to the one
you plan to use, that you may face legal action from the owners of those trade
marks.
If you are a first-time trade mark user and you have a trade mark that you are thinking of applying for registration, then it is worthwhile considering IP Australia's TM Headstart. The service provides an
assessment which can help you determine the suitability of your proposed trade mark for registration before you make a formal application for registration.
Regardless of the method you choose to apply for you trade mark you should read the information on our 'before you apply' page.
Advice and assistance when applying for a trade mark, and professional searches of the IP Australia
trade marks database, are available from patent and trade mark attorneys and legal practitioners. A
list of professionals can be found in
the Yellow Pages ® directory and
here.
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