Trademark Registration

What is a trademark?

A trademark is a sign used to distinguish your business’ goods and services from those of competitors. Registering a trademark gives you exclusive rights to use a ‘sign’, which could be: letters, numbers, words, phrases, sounds, smells, shapes, logos, pictures, aspects of packaging, or a combination of any of these things. It could even be a colour - for example, Cadbury’s iconic purple colour is trademarked.

FACT: A registered trademark will take precedence over business names, Company registrations and domain names.Without a trademark you run the risk of someone else claiming the right to the name that you trade under.

Why register a trademark?

A trade mark can be your most valuable marketing tool. Sometimes called a brand, your trade mark is your identity - the way you show your customers who you are. The more successful your business, the more valuable your trade mark becomes. 

Most of us believe that registering a business name, incorporating a company, or registering a domain name means that we will own that name. But in Australia that is not the case.

The best way to protect a name is with trade mark registration.  Trade mark registration provides the owner with the exclusive right to use that name throughout Australia and to prevent others from using a similar name in relation to the registered goods or services.  Not only product names can be registered as trade marks.  Trade marks are also relevant for business / trading names, company names, company logos, domain names and names of services.  Each of these serve to distinguish the business from its competitors and each, therefore, function as trade marks.

Registering a trade mark can be a lengthy process. It involves classifying your brand into one of IP Australia’s 45 classes and conducting a comprehensive trade mark search before making your application.

Do I need to register a trademark?

You are able to produce a trade mark and use it to promote your goods and services without registering it. You can even add a TM (for trade mark) to your product labels. This is not illegal but such trade marks have no registered, intellectual property (IP) protection. Only registered trade marks can carry the ® symbol.

Once your trade mark is registered, placing the ® symbol immediately next to your brand puts others on notice to respect your trade mark. By obtaining a registered trade mark you will have a record of the date on which you began using a trade mark, the exact mark you have registered, and the classes in which you have obtained registration. This can be very advantageous when seeking to assert or enforce your rights against others who use marks that are similar to yours - using another person’s trade mark (whether it is registered or not) as your own is against the law.

How long does it take to register a trademark?

Applying for a trademark through ABNAustralia.com.au is quick easy, and we help walk you through the process step by step. We aim to give you confidence that you are sufficiently protecting your brand, and advise you on your chances of successfully registering your chosen trademark.

Following the trademark application submission to IP Australia, it usually takes about 7.5 months to fully register the trademark. Once officially registered you will receive a registration certificate and your trademark is then registered to you for 10 years.

Who is eligible to register a trademark?

Before going down the track of applying for a trade mark it would be a good idea to make sure you are eligible. To be eligible the owner must be:

• an individual
• a company
• an incorporated association
• more than one of these (in the case of multiple owners).

A trade mark can also be owned by:

• an unincorporated association (for a collective trade mark only)
• a body existing under legislation (for example a registered charity)

The applicant:

• can’t be a business name or trading name
• should be the owner(s) of the business registration
• should be the corporation's name (if owned by the corporation) and not in the name of directors or shareholders
• should be in the name(s) of trustee(s) rather than the trust name.

You must use, or intend to use, the trade mark in relation to the goods or services included in the application. If the trade mark is to be used by a corporate entity that is about to be formed, you can assign the trade mark to the new body once it has been formed.