Intellectual property refers to your business’ intangible creations of human intellect. What does that actually mean? Keep reading this Business Kitz blog to find out more.
Your brand’s value will continue to grow as it becomes more recognisable to the public and your prospective clients. Therefore, registering a trademark can give you legal protection over the components that make up the identity of your brand including unique logos, tag-lines and colours.
A trademark protects a particular type of intellectual property and can be a:
When registering something as a trademark, the trademark needs to be distinctive and able to distinguish the goods or services of one business from another. You can register for a trademark and search for existing trademarks worldwide at IP Australia.
You will need to register a trademark if you want legal rights to a certain intellectual property that your business created. Registering a trademark can give legal protection to the components that make up your brand.
If you do not want another business to have the same name as you, you may register your brand name as a trademark if it is not already an existing trademark. It is important to note that registering your business name does not give you the exclusive right to this name; other businesses can still take this name if they wish to.
Once you have registered your business name as a trademark, you are then able to use the ® symbol on your products, services, website and wherever else your brand name appears. This also lets others know that you have registered your property as a trademark.
If you have decided that you want to register your business name or a particular component of your business as a trademark, please follow these steps:
1. Preliminary check: There are a few things to consider before you register something as a trademark:
2. Understanding goods and services: When you apply to register a trademark, you must provide a description of the goods or services you intend to use your trademark on. These goods and services are categorised into one or more classes. The trademarks classification search on IP Australia provides a list of goods and services classes that you can choose for your trademark.
3. Search high and low: Perform a detailed search to ensure that the trademark is not pending or does not already exist. If the trademark already exists, it may be possible to have more than one trademark registered in different product/service classes. For example, DOVE is a registered trademark for soap in class 3 and chocolate in class 30.
4. Apply: There are a few routes you can take when you are ready to apply for your trademark:
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TM Headstart | Standard Application for a Trademark | |
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5. Application outcome: If your trademark application is accepted, IP Australia will notify you in writing via online services.
After your trademark is registered and you hold the legal rights to it, you can even license it to other businesses who may want to share association with your business (and use it in their events, for example). When you license your trademark to others to use, you retain ownership and maintain control over the brand.
It is important to weigh up the costs of the trademark especially when you are starting your new business and have other costs to take into account. If your intellectual property is innovative and trailblazing and you want to protect it from being used and registered, it will be best to register as soon as possible.
If you decide to wait before registering as a trademark, you may implement other measures to prevent infringers of your intended trademark by using the ™ logo next to the applicable object. Though it is not a registered right, the ™ symbol acts as a deterrent to others to register it.
If you are considering registering a trademark and are unsure whether you are able to, you should seek legal advice. Legal Kitz business specialists can assist with ensuring that your intellectual property is eligible to be registered as a trademark and if it already exists or is pending registration.
Click here to book a FREE consultation with one of our highly experienced solicitors today or contact us at info@legalkitz.com.au or by calling 1300 988 954.