Did you know that registering a business name with ASIC does not provide you with any exclusivity?
Unless you have trade marked your business name, other third parties may be able to register and use the same or similar business names to you.
The name your business trades under is how your customers and other businesses identify you. It’s critical to protect the goodwill your business brand develops.
You can do this by lodging a trade mark application for your business name with IP Australia.
When an Australian trade mark application is approved, you have exclusive use of that trade mark throughout the country for 10 years. Your trade mark registration can be renewed every 10 years as needed.
This means that you can enforce your trade mark to prevent third parties from using the same or similar business names as you.
What is a trade mark in Australia?
A trade mark does not just apply to business names; it applies to any “mark” that is distinctive to your business that differentiates you from other traders in your industry.
This can include a letter, logo, image, number, word, phrase, scent, sound, shape, movement or aspect of packaging – or a combination of these – all of these can be trade marked.
Generally, the more unique your trade mark is, the easier it will be to register it. Once your trade mark is registered, you can begin using the ® symbol.
It’s important to note that trade marks need to be individually registered in each country your business wants to trade in. This includes if you intend to offer your products online internationally.
Businesses can do a quick, free trade mark search in Australia online.
Why do I need to register a trade mark?
To register an Australian trade mark, a business needs to submit a trade mark application to IP Australia online, or engage lawyers to do this on its behalf.
The process, if successful, includes four phases:
1. Application;
2. Examination;
3. Acceptance; and
4. Registration.
The earliest an Australian trade mark can be registered is seven months from application.
It’s important to note that, in Australia, a trade mark application must take into account that trade marks are lodged in “classes”. These classes are related to the goods and services your business provides and there are 45 classes in Australia. You can view the full list of the classes here.
How much does it cost to get a trademark in Australia?
Protecting your business’ IP by registering a trade mark in Australia is a smart investment for even the smallest of businesses.
You’d be surprised how affordable it is to protect your business’ brand name or logo. At Quest Legal, we can provide you with a fixed priced quotation to protect your brand.
Why get legal help for your Australian trade mark application?
At first glance, trade mark applications seem simple enough, however, there are many aspects that must be considered carefully to improve the chances of your trade mark application being successful.
For example, it’s wise to receive expert advice on the specific class of goods or services your Australian trade mark application should be lodged under. This is because you cannot add new goods or services once an application is submitted. If you need to amend the goods or services of your trade mark, you will have to file a new application and pay for the application fee again. Further to this, if the wrong class is selected, your application may be denied or your trade mark may not provide your business with sufficient protection.
Unsuccessful applications can be costly, time-consuming and leave your business’ IP exposed.
Quest Legal: ready to help
At Quest Legal, we understand SMEs and trade mark applications intimately, and offer free initial consultations, fixed price legal services and simple, easy-to-understand advice.
Need help with your Australian trade mark application or need some questions answered?
Are you an overseas business wanting to register a trade mark in Australia?
Contact the Quest Legal team and our specialist trade mark lawyers now.
