Trade Marks

• Trade Marks

  A trade mark is a “sign” used to signify that products or services originate from a particular person or company, or that the products or services are of a particular quality. As such, a trade mark is a very valuable marketing tool and should be a jealously guarded business asset.

  A “sign” may consist of word(s), numbers, a logo or a combination of these. The mark may also be a signature, numeral, device, heading, label, ticket, aspect of packaging, shape, colour, sound or even a scent (although these are more difficult to register).

  Trade Marks, Business Names and Company Names

  Trade marks should not be confused with business names or company names. The registration of business and/or company names is compulsory and serves the purpose of allowing a searchable register of names to be maintained.

   The registration of a business or company name generally does not give the name holder any ownership of that name nor immunity from trade mark infringement, passing off, or a breach of the Trade Practices Act or corresponding fair trading legislation.

  Different traders in different states may register identical business names and likewise very similar business and company names may be allowed to coexist. However, if your business or company name is registered as a trade mark you may be able to prevent a competitor from using an identical or similar business or company name in Australia.

• Minimise risks, protect your name and maximise your rights

  Search before you adopt. The very first step in choosing a name or logo should be to have availability searches conducted. By doing these searches before you adopt a name or logo, you will assess your risk of potentially infringing someone else’s trade mark as well as your chances of owning the name (or other sign).

  Protect your trade marks.  Follow the practice adopted by the world’s most successful businesses and brand owners and register your intellectual property. Treat your brand as an investment, not a cost. Brands are among the most important assets that a business can own. A registered trade mark provides the owner with the right to stop others from using a similar trade mark or brand in relation to similar or related goods or services.

  Exploit the financial potential of your brand.  As well as seeking ways to extend the brand through new product development, companies should look at opportunities to exploit the equity in their brands through co-branding, licensing and franchising.

• Please click on the links below for further information

  International Trade Marks

  Registering a Trade Mark

  Selecting a Trade Mark

  Trade Mark Searches

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