Below are answers to some frequently asked questions:
What is a trade mark?
A trade mark or brand is your unique business identifier. It lets the public know that the goods or services attached to the mark are unique to your business. Trade mark registration is therefore an invaluable asset and essential marketing tool for your business and should not be overlooked.
Why register your trade mark?
A trade mark registration is the only way to gain exclusive rights to use the name or logo. Company, business and domain name registrations do not provide this right. Therefore, trade mark registration provides security that you and only you own the name in relation to your products.
What are the advantages of registering a trade mark?
- Exclusivity – When you register your name or brand as a trade mark, you obtain the exclusive rights to use the name or brand.
- Australia wide coverage – An Australian registered trade mark provides you with protection for the mark throughout Australia.
- A valuable business asset – A registered trade mark is property or an asset of your business. As with any property, a trade mark can be sold.
- More control of your brand – A registered trade mark allows to you license the use of your registered trade mark much easier than an unregistered mark.
- The right to stop others from using your brand – With a registered trade mark , you can stop someone from using your brand without authorisation more quickly and easily than without a trade mark registration.
- The right to use the ® symbol – Once you trade mark is registered, you can use the ® symbol with your mark which puts others on notice of your rights.
How do you register your trade mark?
Simply complete the online application form here or contact The TradeMark Factory on 02 9499 9229.
Can I do some pre-filing searches myself?
While we always recommend that you have a search carried out by a professional trade mark lawyer, some countries provide access to their official trade mark databases. Links to these databases are:
- IP Australia – Australian Trade Mark Database
- IPONZ – New Zealand Trade Mark Database
- USPTO – US Patent and Trademark Office
- WIPO – Global Brands Database (covers trade marks filed via the Madrid Protocol and their designated countries; over 100 countries)
- TM View – EU national IP offices, the European Intellectual Property Office and a number of international partner offices outside the EU
- UK Intellectual Property Office – UK Trade Mark Database
- ASEAN TMView – ASEAN Member States