Do you want to know how to register a logo in Australia? Your company logo is one of the most valuable pieces of intellectual property that you own. You can protect your logo to some extent through constant and consistent use in your business packaging, correspondence, and advertising, but the surest way to protect yourself against infringement is to learn how to register a logo in Australia as a trademark. Trademark registration Australia grants you the right to the exclusive use of your logo, and provides you with the power to take legal action against infringing parties.
Trademark registration can be a lengthy and complex process, and so it is prudent that you consult a trademark professional before you file your application. The following guide is designed to explain how to Register a Logo in Australia. Please remember that this guide is not all-inclusive or comprehensive: you should contact a trademark professional before you attempt to trademark your logo.
How to Register a Logo in Australia
Your logo must meet a number of requirements before it can be registered. The most important requirement is that your logo is truly identifiable and distinguishable from your competition.
You cannot Register a Logo in Australia that is the same as or similar to another registered mark. This is because your logo is infringing on the rights of those trademark holders or causing customer confusion. You can discover conflicting marks during a trademark search. This search covers all of the relevant Australian trademark databases, as well as the current symbols being used within your market. If you find a name or logo that is similar to your own, you have 3 options:
- Change your name or logo design
- Try to register your logo under a different class
- Consider legal advice if your logo was in use long before another party’s logo was registered.
It is essential that you conduct a trademark search before you file your trademark application: applying for trademark registration before you know whether your mark is eligible is often a waste of your time and money, as your mark will be rejected immediately if it is confusingly similar with another. Contact a trademark professional to conduct these searches on your behalf: they will be able to unearth the most accurate results, and interpret them for you. Once the search has been completed, a trademark professional can advise you on whether your logo is suitable for registration.
How to Register a Logo in Australia
Logos are not the only marks eligible for trademark registration. You can also trademark your company name, brand name, colours, symbols, graphics, and even scents, sounds, and shapes. When you are applying for trademark registration, you might decide to register one or more of these intellectual properties alongside your logo. For instance, if your logo includes your company name, you could file two applications to maximise your protection against infringement.
You will need to include a high-resolution image of your logo in your trademark application, as well as a detailed description of what your logo consists of. If your logo simply a word, or does it include graphics? Do you want to register your logo in colour or in black-and-white? Does your logo include a specific typeface? Consider each element of your logo and include a description of each within your application. If you want your logo to be trademarked in colour, include a high-definition coloured image in your application.
A trademark professional can assist you in filing your application. Attempting to Register a Logo in Australia can be a time-consuming process, so you want to get your application right the first time. A trademark professional will ensure that everything in your application is in order before they file it with IP Australia.
How to Register a Logo in Australia
In Australia, there are a total of 45 different Goods and Services Classes. You need to nominate one or more of the appropriate classes for your logo to cover. You can find a list of classes on the IP Australia website, or enlist the assistance of a trademark professional. It is important that you select the correct goods and service classes to ensure that your trademark protection is tailored to the needs of your business.
How to Register a Logo in Australia with IP Australia
Once you have completed your application, or had a professional complete it on your behalf, you can submit your application with IP Australia. You must then wait for an examiner to critique your application, to decide whether or not IP Australia will register your logo. Once your application has been accepted, it must undergo a 3 month period of opposition, during which other parties can contest the registration of your logo. If your logo passes through this time uncontested, your logo will proceed to registration.
If you are wondering about how to register a logo in Australia, even once your application has been filed, you may need to assistance of a trademark professional, particularly if other parties take legal action against you. Our trademark professionals can assist you throughout the entirety of the registration process, and even after your logo has been registered. Talk to our trademark professionals to discover how we can offer to aid you.
Once your logo has been registered as a trademark, you must uphold your protection by frequently using it on packaging, business correspondence, business premises, advertising and marketing material, and even on work-related vehicles. A trademark professional can advise you on how to consistently use your logo to ensure its continued protection over a 10 year period, before renewal is required. Register your logo to ensure your protection against infringers and consumer confusion.
BIO:
Quick Off the Mark® is a division of Mark My Words Trademark Services Pty Ltd (MMW). MMW was founded in 2011 and is headed by Jacqui Pryor, a registered trade marks attorney with more than 16 years experience.
In 2015 MMW acquired Quick Off the Mark®, which is a fast and affordable Australian trademark registration service. Quick Off the Mark® offers fixed fees that are affordable to help Australian businesses register their trademarks.
Disclaimer – The advice provided in this blog is general advice only. It has been prepared without taking into account your business objectives, legal situation or needs. Before acting on this advice you should consider the appropriateness of the advice, having regard to your own objectives, legal situation and needs.