Trademarks are a type of Intellectual Property which protect your business’ image, brand and reputation.
A trademark can protect the name of a business, the logo, a slogan/phrase, a letter, number, picture, sound, smell or even a combination of these. Trademarks in Australia are registered with IP Australia and undergo a lengthy process of registration to ensure that each trademark is distinctive enough to separate it from the rest.
What is IP Australia, and why is it relevant?
IP Australia is the Australian Government agency that administers Intellectual Property (IP) rights and legislation relating to trademarks, patents, plant breeder’s rights and designs. Their purpose is to ensure Australians benefit from great ideas. They deliver professional registration services and IP rights administration, increase awareness of the IP system, and form the IP system domestically and internationally to facilitate Australian innovation and business.
Registration through IP Australia gives each individual/corporation the exclusive legal right to use the trademark in a multitude of classes of business activities. There are 45 classes which are divided into goods and services, and include for example – advertising, construction medical or veterinary services, furniture, machinery and clothing. A full list of the goods and services can be found on their website.
Key considerations before making a trademark application
We regularly assist clients in protecting their intellectual property, including by registering
trademarks.
Before proceeding with a trademark application it is important to:
- consider who will own the trademark (individual vs trading entity vs holding entity)
- conduct a thorough search of the words proposed in the interested classes;
- consider whether the words were too similar to other registered marks; and
- consider whether the words/phrases are not eligible for some other reason, e.g. they
are common texts, geographical names, prohibited texts etc.
Register a trademark with our help
If you are interested in registering a trademark and protecting your business, do not hesitate to contact Birchgrove Legal on (02) 9018 1067.
