Category: Trademarks

If your trademark application is deemed unfit for registration, you will receive adverse reports from your examiner that specifies the grounds for rejection. The three main grounds for rejection include: The trademark in question is not distinctive The trademark in question consists of a generic term The trademark in question is identical or confusingly similar… Read more »

Your trademark, often referred to as your brand, is your business’s identity. Consumers use your trademark to distinguish your brand amongst the competition. Your trademark can be: The logo of your business Your name and/or surname The image displayed on the side of your vehicle The words or images used in your signage and other… Read more »

Product name registration is the process of determining a name for a product, as well as business name registration and domain name registration. It is conceptually similar to the process of naming a business or organisation. Product name registration  is a crucial part of the process of branding, which also involves all of the marketing strategies… Read more »

  WARNING, don’t get caught out by a trademark scam!  When you register a trademark, it becomes public knowledge.  The trademark is advertised in the Australian Official Journal of Trade Marks, as accepted, to await opposition, if any.  Because your trademark is advertised, and it becomes public knowledge, this leaves the door open to unscrupulous people… Read more »

Do you need to know how to trademark a logo?  Your business logo is as valuable to you as your business name. Even if your business name is already registered, infringers can still use your logo without your permission if it is not separately registered. Every piece of your intellectual property is as important to… Read more »

Before you file your application for trademark registration, it is necessary that you undergo a comprehensive trademark search of trademark databases to ensure that your mark is available for registration. A trademark search will reveal both registered and unregistered marks within Australia, and whether your mark is identical to, or confusingly similar with, another company’s… Read more »

International Trademark Registration is a complex and time-consuming process. There are two different paths you can take when you are applying for international registration. The first path is applying directly to each country in which you want to register your mark. The second is by filing a single international application with IP Australia. IP Australia can… Read more »

There are a number of symbols associated with your trademark, and the two most common symbols are ® (used in conjunction with registered trademarks) and ™ (used in conjunction with both registered and unregistered trademarks). Each symbol has a different meaning and purpose, and can only be used in certain circumstances. You can use the ™… Read more »

Do you need to register your business name? A business name is the name, or title, under which you trade. Consumers identify your products and services by your business name, and can even form an emotional attachment to your brand. Similarly, your business name differentiates you from your competition within the marketplace. Your business name,… Read more »

Trademarks May Be ‘Reserved’ for Future Usage One particularly common misconception in trademark law is that a particular mark can be ‘reserved’ to be used at a nonspecific future point. This is, in fact, incorrect. A mark is only protected under trademark law if that mark is used in commerce as an identifier of specific… Read more »