Trade Marks
Trade mark registration, protection, and brand enforcement.
A trade mark is a way of identifying a unique product or service. It can be a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or any combination of these.
In order to be capable of registration, a trade mark must distinguish the goods and services of the owner from the goods and services of other traders. Good examples include the Apple logo used by Apple Inc. to market its computers, and the Nike logo (the famous Nike tick).
In Australia, the registration of trade marks is managed by IP Australia, a government agency that administers intellectual property (IP) rights and legislation relating to patents, trade marks, designs and plant breeder's rights.
Why is it important to register your business's trade mark? Your trade mark is your brand. It is your identity. It is the way you show your customers who you are, and distinguishes your goods and services from your competitors'. Quite often, it is your most valuable marketing tool.
Benefits of registering a trade mark: It gives you the exclusive right to use your registered trade mark as a brand name for the goods and services specified in the registration; a registered trade mark is personal property and can be sold; and registration usually covers the Commonwealth of Australia.
At Monardo Legal, we believe that businesses of all sizes should be able to register their trade marks. That is why we offer a simple, efficient and cost-effective service through Trade Marks R Us.
The registration process: Step 1 - Fill in our trade mark application form. Step 2 - We undertake research to find out whether it can be registered, including Australian trade mark searches. Step 3 - We advise on which trade mark class to register in (there are 45 classes). Step 4 - We lodge the application with IP Australia. Step 5 - IP Australia examines your application. Step 6 - Outcome advised (usually within 3-4 months). Step 7 - Advertising for 2 months (opposition period). Step 8 - Registration after payment.
Once registered, a trade mark will be in force for ten years from the date of application and can be renewed for further periods of ten years. Our litigation team can also assist if you discover your trade mark has been infringed.