What is a trade mark?
A trade mark is a form of intellectual property protection granted as a unique identifier of the goods or services of a particular trader, as distinct from other traders.
You can register a trade mark over any unique features that you use, such as letters, numbers, words, phrases, slogans, shapes, logos or pictures.
Aside from standard words and logos, examples of interesting trade mark registrations include the scent of cinnamon in furniture, and the sound jingle for “Ah McCain, You’ve Done It Again”.
How long does a trade mark registration last?
Once secured, trade mark registration lasts for 10 years, and is able to be renewed indefinitely provided the mark is still being used and renewal fees are paid.
With registration fees starting at $400 per class per mark, a trade mark is a valuable investment for brand protection.
Should you register your brand as a trade mark?
Any business engaged in trade should consider registering their brand as a trade mark. A common misconception is that a company or business name secures protection of a brand. This is wrong.
Only a trade mark grants the owner exclusive rights to use or licence the mark.
See further information outlining the difference between trade marks vs business, company and domain names.
How our IP lawyers can help
Clifford Gouldson’s IP lawyers can assist with advice regarding the infringement of trade marks, business names, websites or get up. We also assist in the application for a trade mark, including any prior registrability advice, both in Australia and overseas. Our IP law team handles trade mark renewals, assignments and oppositions.
For more information, you can download our Intellectual Property Guide Sheets below: