A trade mark can be a word, phrase, letter, number, sound, smell, shape, logo, picture, aspect of packaging or a combination of these.
It is used to distinguish the goods and services of one trader from those of another.
A registered trade mark gives you the legal right to use, license or sell it within Australia for the goods and services for which it is registered.
The difference between trade marks, business, company and domain names sometimes causes confusion. Registration of a business, company or domain name does not in itself give you any proprietary rights - only a trade mark can give you that kind of protection.
A trade mark can be a valuable marketing tool
An appropriate trade mark should be an integral part of the marketing strategy for your goods and services.The public will identify a certain quality and image with goods and services bearing your trade mark. It can become an important means of maintaining goodwill with your clients and improving your bottom-line!
Trade mark registration is not compulsory...
...but it is advisable. There is protection against misrepresentation under the trade practices or fair trading legislation. It is also possible to take action under common law but this can be a time-consuming and expensive exercise.
Types of trade marks that are difficult to register
A trade mark that describes your goods (eg. radios) and services (eg. electrician). It must not be a sign that other traders may wish to use to promote or describe their goods and services, nor can it mislead the public about the nature of your goods and services.
It is also very difficult to register a geographic name or a common surname as a trade mark, however, someone who has used one extensively for a considerable period of time may be able to achieve registration. Is my trade mark registrable?
Considering filing an application for registration of your trade mark?
Before settling on a trade mark to register it is best to brainstorm a range of trade marks or logos which you think could be appropriate. This should always be followed by a thorough search of the trade marks database and other goods and services existing in the market place to ensure that you will not be infringing any existing trade marks.
You can conduct a search of the trade marks database on your own, using the Australian Trade Marks Online Search System (ATMOSS).