A trade mark can be a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or any combination of these.
A registered trade mark gives you the exclusive legal right to use, license or sell your goods or services in Australia. It distinguishes your goods and services from others in the marketplace.
Anyone who claims to be the owner of a trade mark can apply for registration of that trademark. The registration period is initially for 10 years and continues indefinitely as long as the renewal fees are paid every ten years.
Remember that registration of a business name does not in itself give you any proprietary rights - only a trade mark can give you that kind of protection. Ensure you have exclusive use of your name now and in the future throughout Australia by registering a trade mark.
What to do...
- Before you apply, search the IP Australia databases to see if there is already an existing trade mark.
- Determine the suitability of your application before you apply, by submitting your trademark through IP Australia's TM Headstart.
- Find out about the full application process for your trade mark from IP Australia.
- Get advice and assistance from patent and trade mark attorneys and legal practitioners - see the IP Australia list of professionals.
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