What is a Trademark?

A trademark is a sign used or intended to be used to distinguish goods or services dealt with or provided in the course of trade by a person or organisation, from goods or services dealt with or provided by any other person or organisation.

A sign includes any of the following, or any combination of the following (note this :

• Letter;
• Word or Name;
• Signature;
• Numeral;
• Device;
• Brand;
• Heading;
• Label or Ticket;
• Aspect of packaging;
• Shape;
• Colour;
• Sound; or
• Scent.

Accordingly, a logo and any word marks may properly operate separately as a trademark. Often, you will use them in close association with each other. However, you will most likely find it beneficial to register both of these as separate trademarks.

What are the Benefits of Registration?

In general terms, once your trademark has been registered, you will obtain an Australia-wide monopoly for use of that trademark in respect of the goods or services (aka classes) for which registration was granted.

You will not obtain this right if you use your mark as a business name, domain name, or company name without registering it as a trademark.

How do I Apply for Registration?

Applications for trademark registration must be filed with IP Australia.

The current timeframe for registration is 8-12 months, however, sometimes IP Australia may expedite the process.

Applying for registration of your trademark will involve the following stages:

1. Searches to establish whether there is a trademark that may be the same or very similar to your trademark;
2. Identifying the relevant goods and/or services that you use or intend to use your trademark for. These are categorised into “classes”;
3. Lodging an application for registration of a trademark with IP Australia;
4. Dealing with any objection that IP Australia many have to the registration of the mark; and
5. Paying registration fees which will ultimately be a prerequisite to the issuance of a certificate of registration.

Are you looking to register a trademark? Contact our Commercial Team today at nevileco@nevile.com.au