What does it protect?
A trademark can be a word, phrase, letter, number, sound, smell, shape, logo, picture, aspect of packaging or a combination of these used by your business.
What is the ‘monopoly’ right that it provides?
A registered trade mark provides you with an exclusive right to use, licence or sell your trade mark within Australia for the class goods and services for which it is registered. There are 34 classes of goods and 11 classes of services in which a trade mark may be registered. Your monopoly right is restricted to the classes in which you own the trademark. The trade mark distinguishes your goods and services from the same or similar goods or service of other traders in the market place.
Initial registration lasts for 10 years, but can be renewed at additional costs in further 10 year increments.
Trade marks are a valuable marketing tool as it identifies to the public a certain quality and image with goods and services bearing your trade mark.
How is the right created?
Whilst registering a trade mark is not compulsory it is advisable. You register your trade mark with IP Australia. All trade mark applications are examined in order of filing, to see if they meet the requirements of the Trade Marks Act 1995.
Note that not all trade marks can be registered. A trade mark needs to be something that other traders don’t use in the normal course of their trade. For example, you can’t register a trade mark that directly describes your goods (e.g. televisions) and services (e.g. electrician). It is also difficult to register a geographic name or surname. However someone who has used one extensively in the marketplace for a considerable period of time may be able to achieve registration.
Trademarks differ from business, company and domain names. This 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 that kind of protection.