Choosing Registrable Trademarks
Some signs are easier than others to register in relation to particular goods or services. The legal test in Australia is whether the trademarks are “adapted to distinguish” particular goods or services. In the US, trademarks are put into categories based that can be arranged along a scale often referred to as the “Spectrum of Distinctiveness”. The place of a trademark on that scale will determine whether a trademark can be registered, and if so, how easily. Although (strictly speaking) this concept doesn’t form part of Australian law, it does help to understand how a trademark examiner will approach a particular application.
Geographical Coverage for Registered Trademarks
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.
Do I Need to Register my Trademark?
Unlike a business name, or a company name, you don’t need to register a trademark before you can use it. However, failing to register usually means that your rights to use your name or brand can be unclear, and it becomes much more difficult to prevent others from using similar marks.
How to Register a Trademark for your Name or Logo
This post explains how to register a trademark for your name or logo in six steps. For the best possible outcome, it’s important to plan from the start and engage professional help where needed.
What is a Trademark?
Trademarks are commonly thought of as either names or logos, but trademarks can protect slogans, packaging, colours, sounds, shapes and smells. Understanding the types of things that can be protected by trademark law is the first step towards protecting your brand.