Entrepreneurs and business owners in Sydney are no stranger to competition. It can be a real threat to their brand name, logo, slogan, and any other distinctive sign that identifies their products or services from those of others. A trade mark is a legal way to protect it all. With this they can gain exclusive rights to use the mark in relation to goods or services in Australia and prevent others from using a similar or identical mark that could confuse or deceive customers.
So how do you register a trade mark? It isn’t as complicated as it might seem, but it does require some planning and research. So we will guide you through four steps on how to register one in Australia, and provide tips and resources along the way.
How to Choose a Suitable Trademark for Your Business?
The first step is to choose a suitable trademark for your business. This is not just a matter of personal preference or creativity, but also of legal and commercial strategy. You want to choose a trademark that is:
- Distinctive: A distinctive trademark is one that sets you apart from the rest in a crowd. It shouldn’t be common, descriptive, misleading or generic. For example, Apple is a perfect trademark for computers and phones but not for fruits and drinks.
- Available: An available trademark is one that isn’t already registered or applied for someone else in the same group of goods or services. It can’t infringe on any existing trademarks, business names, domain names or any other right that may hinder your ability to use it.
- Suitable: Creating a suitable trademark involves considering what’s best for your business image. You’ll want to think about your target market and industry standards. It can’t be offensive, scandalous or go against public policy and law. Reputation also plays a big part as you don’t want reputation damage from being similar to well known trademarks
To choose the right trademark, you need to do some research and analysis. First, come up with some ideas for your trade mark based on your business name, logo, slogan, product features, benefits, values, or anything else that makes your business unique. Next look at other trademarks in your business’s niche to determine what makes them stand out. Once you have a general idea of what you want and make sure it’s available for use, you can create one.
The process can become more complicated if there are similar trademarks in existence. In this case you might want to change yours entirely or just modify it a bit to avoid any legal issues. Another good step is talking with an Intellectual Property Lawyers In Sydney and trademark lawyer who will help you not only with using it but also registering it.
How To Register A Trade Mark In 4 Easy Steps
The second step is to register your trade mark with IP Australia, which is the government agency responsible for administering intellectual property rights in Australia. To register your trade mark, you need to follow these four easy steps:
- File an application: You can file an online application for a trademark on IP Australia’s website. To complete it you will need a few things. First, the details about the trademark you wish to register such as any words, logos, symbols, or combinations and then provide your information as the owner of that trademark. Lastly, pay the application fee which will be based on how many classes you choose and if you want standard or TM head start service.
- Wait for examination: Once your application has been filed IP Australia will start examining it. This period can range from a couple of months to even longer depending on how complicated your application is. After they finish they’ll send back a report stating that your registration has either been confirmed. If there are any objections they will also be stated with instructions to resolve them before registration.
- Respond to objections: When you get this report with objections you have 15 months to respond and clarify them. It’s not uncommon for negotiations to occur if there are parties with opposing interests or rights in what you’re trying to apply for. The other party may request evidence, arguments, amendments, or declarations so be ready for anything that might come up and prepare yourself accordingly in case it does. Don’t take too long because once 15 months pass without responding or coming up with a solution IP Australia will refuse your application.
- Wait for acceptance and registration: If everything goes smooth and IP Australia accepts your application then it’ll be published in the Australian Official Journal of Trade Marks which notifies everyone who reads it of your intentions to register a mark. The moment this happens starts a two month period where anyone who sees fit can oppose your registration on many grounds such as lack of distinctiveness or bad faith but if nobody opposes during these two months, or if you successfully defend against opposition then congratulations! Your registration will be granted along with a certificate giving you exclusive rights over using the mark within goods and services provided by the trademark in Australia.
How to Protect and Maintain Your Trade Mark?
After registering your trademark with IP Australia, the third step is to protect and maintain it. Keep in mind that just because you registered it doesn’t mean you have the exclusive rights to use it forever. Situations could happen that affect or jeopardize your rights. To fully protect and maintain it, you need to:
- Use your trade mark: If you’re a business owner, protecting your brand name, logo, slogan or any other sign that distinguishes your products or services from competitors is important. Trademarking something not only gives you exclusive rights to use it in Australia, but also prevents others from using something similar that can confuse customers. Not using your trademark could lead to you losing it. If you don’t use it for three years and someone can prove that they can challenge your right to use it. To avoid this, place your trademark on ads and products.
- Monitor your trade mark: You have to keep an eye on people who may try to steal it. This doesn’t necessarily mean just the exact design, if someone tries to make anything similar enough where customers would be confused then take action. Also look out for any new applications that might conflict with yours. IP Australia’s website or TM Check service is great at finding these conflicts.
- Enforce your trademark: As soon as you find someone trying to rip off what’s yours or trick customers, take action as soon as possible because if not then it could weaken your rights over the brand and imply consent. There are various actions that you can take such as sending a cease and desist letter, negotiating a settlement, initiating court actions, presenting an injunction or getting legal advice from Sydney’s professional trademark lawyers so they can help map out the best course of action in every case.
Conclusion
Business owners and entrepreneurs should trademark. This is a way to protect their brand name, logo, slogan, or any other sign used to identify their products or services from being stolen by competitors. Once you register a trademark, you have sole rights to use it across Australia. This means no one else can use something similar or identical that could deceive customers.
FAQs
Which body registers trademarks in Australia?
IP Australia is the government agency that registers trademarks in the country. This agency can be found within the Department of Industry, Innovation, and Science. They have a specific office called the Trade Marks Office, and they’re responsible for examining Australian trademark applications. The rules they follow are set by both the Trade Marks Act 1995 and the Trademarks Regulations 1995.
How is trademark priority in Australia determined?
Australia uses a system called “First-to-Use”. This means whoever started using the trademark first gets priority. As long as it’s connected to their goods or services and establishes a reputation. Usually, the date when it was filed with IP Australia is considered priority if it’s domestic. Aside from that, under the Paris Convention, priority may be claimed up to six months after filing with another member state of that convention.
How long does it take to register a trademark in Australia?
You must wait at least seven and a half months to finish registering your trademark in Australia. Unfortunately, this process could take longer if other owners oppose or object your application.
What is the cost of trademark registration in Australia?
The starting price for registration is AUD 250 per class. Although many factors can change that number such as how you wish to submit your application, how many classes you want to register your trademark under, and whether you want to use professional or government services.
