It may feel like you’re traversing a minefield in cross country skis when you go to register your trade mark but it really shouldn’t be a difficult
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Trade marks
A trade mark is used to distinguish your goods and services from those of another business.
Trade mark basics
Find out what a trade mark is and learn about the differences between a trade mark and a design right, registered business name or domain name.
Types of trade marks
A trade mark is not limited to being a corporate logo. It could also be a jingle, your registered business name painted on the side of your truck or even a scent.
Benefits of a trade mark
A trade mark can be your most valuable marketing tool. It is your business identity that helps you promote your products or services.
Examination process
The examination process is where we check your application to make sure it contains all the correct information and meets legislative requirements.
Applying for a trade mark
Below is an overview of the trade mark application process.
Decide if you have a trade mark
Before you apply for a trade mark there are some common mistakes to watch out for and some useful questions to ask yourself.Understanding goods and services
You will be asked to select the goods or services you intend to use your trade mark on. These need to be grouped into classes.Search
Before registering a trade mark it helps to do a search to make sure the trade mark you want to use is available.Apply
There are two main paths you can take to apply for a trade mark.Application outcome
Once you submit your trade mark application it takes us up to four months to examine it and let you know the outcome.
Maintaining your trade mark
A trade mark registration may be renewed every ten years. There are fees for renewing your trade mark.
Trade marks and opposition
Oppositions can be lengthy, complex and costly. If you are considering filing or defending an opposition, it may be in your interests to seek help from an IP professional.
International trade marks
An Australian trade mark provides protection only within Australia.
There are two ways Australian trade mark owners can seek trade mark protection overseas.
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 Canberran Trish Smith sat on a plane waiting for take-off. |
 Published:
4 April 2019 Consultation has now closed on the exposure draft of the Trade Marks Amendment (Division of International Registrations and Other Measures) Regulations 2019. |
Published:
23 January 2019 The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (IP Amendment Act) moves a number of filing, formality and fee paying requirements to non-legislative instruments. |