WHAT IS TRADE MARK?

Trade marks can be your most valuable marketing tool as they are used to distinguish your goods or services from the rest in the marketplace.  Trade marks can be words, names, symbols and logos, so long as the mark distinctly identifies you or your company against your competitors. As a representation of the goodwill and value of your brand, trade marks are valuable intellectual property.

WHY APPLY FOR A TRADE MARK?


Registering your trade mark gives you exclusive rights to use and control the use of your trade mark in relation to your goods and services.

  Add tangible, transferable intellectual property assets to your business. These could be invaluable in the event you want to sell your business down the track.

Gain the ability to demand that others stop using identical or confusingly similar trade marks in relation to similar goods or services without having to prove you own the mark.

Show clients that you are a credible organisation which is committed to protecting it’s intellectual property.

Prevent others from registering the same or similar trade marks, then seeking to recover money from you to sell the mark to you, or have the trade mark stand in the way of your trade mark.

It is a disincentive for others to rip off or illegally copy your trade marked intellectual property.

If you are not sure what names and logos to trade mark, reach out to us at [email protected] and a Title Trade Marks expert will provide you with guidance.

TRADE MARK APPLICATION PROCESS MAP

SEARCH

Instruct your Title Trade Marks expert to search for similar trade marks on the Trade Marks Register (optional but recommended step)

REQUEST

Go to www.titletm.com or email us to request your trade mark.

DRAFT

Your Title Trade Marks Australian lawyer prepares your trade mark application based on the information you have given

APPROVE

You approve the draft trade mark application to ensure it covers all of the goods or services you provide under the trade mark.

FILING

Your Title Trade Marks lawyer files your trade mark with the Trade Mark Office.

EXAMINATION

In the next 3 to 4 months your trade mark is examined by the Trade Marks Office.

RESPONSE

The Trade Marks Office then provides its examination results in a report which will state on of two things:

A: APPROVED

  • Your Title Trade Marks lawyer emails you stating your trade mark has been accepted by the Trade Marks Office.
  • You recieve a letter from Title Trade Marks outlining the acceptance and the date your trade mark will be advertised in Australian Official Journal of Trade Marks.
  • Your trade mark is advertised in the Asutralian Official Journal of Trade Marks.
  • There is a two month window where third parties can oppose your trade mark application.
  • After this two month window, your trade mark is registered.
  • You recieve an email from Title Trade Marks enclosing an electronic copy of your Trade Mark Certification and information about trade mark use.
  • Your trade mark is registered for 10 years.

B: NOT APPROVED

  • The examiner’s report will outline the grounds under which the Trade Marks Office objects to your trade mark.
  • Your Title Trade Marks lawyer will provide you with details of the objection and a cost estimate of the likely fees to overcome the objection.
  • Your decide whether to proceed with your trade mark and respond to the objection.
  • If you elect to proceed, your Title Trade Marks lawyer will prepare the appropriate responses.
  • Once and if the objection is overcome,
    then the steps to the left apply.

OTHER USEFUL INFORMATION

 

Please see our FAQ section of the website which should answer most of your key questions. Otherwise, please feel free to shoot us your question at [email protected]

This website provides general information regarding brand protection. We do not provide legal advice through the website and information on our website does not take into account your personal circumstances, needs and objectives. You must speak with your Title Trade Marks lawyer directly to obtain legal advice. We make no warranties or representations regarding the material on this website, including those regarding its fitness for any purpose, or any defects or errors. We are not liable to users of the information for any loss or damage however caused resulting from use of this site. Liability is limited under a scheme approved by Professional Standards Legislation.