A trademark is a tool used to differentiate goods and services from each other. It is an essential tool for marketing that makes it easy for the public to identify goods and services. Trademark Registration in Australia is required for all companies. It can either be one word or group of words, logo, symbol or combination of any of these. Trademark refers to both trademark and the service mark. A service mark is used to identify the marks used for services only.
Once it is known, the public keeps on patronizing the products and services. A trademark can be the most valuable business asset of an enterprise. In additional to making goods and services distinct, the owner of a mark may gain some revenues by use of the mark through licensing its use by another.
Through trademarking your business you, secure your assets, ensuring that you’re the sole owner of your logo, name of the business and intellectual property. Before applying for trademark registration, it is advisable to conduct research in the trademarks database to determine whether there are similar marks that would hinder registration of your mark. This is highly important as it prevents future squabbles with marks already registered or has earlier dates of filing.
How to apply
One can use the Right Start application service or standard. Right, Start is recommended if you want the intellectual property office to go through your application and verify whether it meets the registration rules. They give an examination report.
It takes significant time to register a trademark, doing all the appropriate steps ensures that the client gets protection in the shortest timeframe. The Serious Trademark handles both the communication and paperwork to provide a professional free service
What to register
Your mark should be able to differentiate your goods and services from those of others. It should also meet all the registration requirements under Sec. 123.1 of the intellectual property code.
- Your trademark may not be registered if it is:
- Marks are likely to deceive or misinform the clients on the actual features of goods or services such as COLA for alcoholic beverages.
- Contrary to public order or Morality
- Trademarks that are against the common standards of morality, an example is pro-terrorism for clothing.
Generic and customary to trade
Generic marks are made of names of the products which they seek to identify, example CAFFE for coffee. Marks together with the indications that are common in everyday language are not registered. This is because they no longer distinguish the goods and services since they are often used to refer to the goods and services.
Benefits of trademark registration
It gives the owner right to bring a federal suit against anyone who may infringe your mark and allows you to use coveted symbol.
It gives legal pre-assumption of the exclusive rights and ownership to use the mark nationwide, in connection with goods or services.