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Trade Marks What
is a Trade Mark?
What is a Trade Mark?
A trade mark can be a word, phrase, letter, number, sound, smell, shape, logo,
picture, aspect of packaging or a combination of these. A trade mark can also protect your brand name.
It is used to distinguish the goods and services
of one trader from those of another.
A registered trade mark gives you the legal right to use, license
or sell it within Australia for the goods and services for which it is registered.
The difference between trade marks, business, company and domain names sometimes
causes confusion. Registration of a business, company or domain name does not
in itself give you any proprietary rights - only a trade mark can give you that
kind of protection. For more information click here.
Check out some examples of trade marks that have
been successfully registered.
A trade mark can be a valuable marketing tool
An appropriate trade mark should be an integral part of the marketing strategy
for your goods and services.The public will identify a certain quality and image
with goods and services bearing your trade mark. It can become an important
means of maintaining goodwill with your clients and improving your bottom-line!
Trade mark registration is not compulsory...
...but it is advisable. There is protection against misrepresentation under
the trade practices or fair trading legislation. It is also possible to take
action under common law but this can be a time-consuming and expensive exercise.
Types of trade marks that are difficult to register
A trade mark that describes your goods (eg. radios) and services (eg. electrician).
It must not be a sign that other traders may wish to use to promote or describe
their goods and services, nor can it mislead the public about the nature of
your goods and services.
It is also very difficult to register a geographic name or a common surname
as a trade mark, however, someone who has used one extensively for a considerable
period of time may be able to achieve registration. Is my trade mark registrable?
Considering filing an application for registration of your trade mark?
Before settling on a trade mark to register it is best to brainstorm a range of trade marks or logos which you think could be appropriate. This should always be followed by a thorough search of the trade marks database and other goods and services existing in the market place to ensure that you will not be infringing any existing trade marks.
You can conduct a search of the trade marks database on your own, using the Australian Trade Marks Online Search System (ATMOSS).
Another option is TM Headstart. TM Headstart is a fast way to check if your trade mark may be registrable before you actually apply. Read more about TM Headstart here.
Alternatively, an IP professional will be able
to assist you with searching the trade marks database and filing an application.
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