Branding & Trademarks | Magnum IP Legal Services

Trademarks and brands are how you distinguish yourself from the competition. Whether it’s a business name, product packaging, logo or even a colour or sound, many elements go together to create the distinctive personality that is ultimately your most valuable asset. This topic includes articles and musings relevant to trade marks and branding in an Australian context. The emphasis is on practical tips and information relating to trademarks, domain names, business names and company names.

Madrid System Members

An important part of your international trademark registration strategy is knowing the countries in which you are likely to need protection. Next, you should see whether those countries are members of the Madrid Protocol or the Madrid Agreement, because these systems provide streamlined (and often more cost effective) methods of obtaining registered rights in other countries.

Do I need to Register a Business Name?

Generally speaking, it’s necessary to register a business name if it differs from your legal name in any way. This post explains the general rule using examples, and looks at some issues as they relate to different types of owners (sole traders, companies and partnerships).

The Benefit of a Custom Trademark Description

IP Australia’s official “Goods and Services Pick-List” lets trademark applicants quickly complete the descriptions of their trade marks by selecting items from a list. However, it’s important not to under-estimate the value of custom descriptions by appropriately qualified trademark professionals.

Using IP Australia’s Pick List

IP Australia’s official “Goods and Services Pick List” can be a useful tool to avoid one of the main pitfalls for the novice: classification errors. In this post, we look at the problem and how the pick-list attempts to overcome it.

What are Trademark Classes?

In this post, we look at the concept of “trademark classes” by using a hypothetical example of an application for the word “Excel” by a telecommunications provider. We look at how the application is filled out, and how the examiner uses the nominated class to identify potentially conflicting trademarks.

Using the Registered Trademark Symbol ®: Part 3

In this third and final post in this three part series, we look at the use of the ® symbol and look at one final way in which trademark owners can unwittingly breach the Trade Marks Act 1995.

Using the Registered Trademark Symbol ®: Part 2

Some registered trademark owners make the mistake of applying the ® symbol to trademarks which have not been registered. One classic example is applying the ® symbol to a logo when you have only used registered a trading name.

Using the Registered Trademark Symbol ®: Part 1

In the first of a three part series, we look at when you are allowed to use the ® symbol in relation to trademarks, and – even more importantly – when you can’t use it. Using this symbol incorrectly can amount to an offence punishable by a reasonably substantial fine.

Registering a trademark with IP Australia will normally provide you with Australia-wide protection, regardless of where you actually trade. However, as is often the case with the law, there are a couple of minor but important exceptions which need to be understood.

Advantages of registering trademarks

Registering a trademark provides you with significant benefits in terms of brand protection. These advantages need to be carefully considered and understood before trading with an unregistered trademark.