A Trademark is a sign used to distinguish a trader’s

goods or services from the goods or services of other traders. The sign may be a word or words, a symbol or device, a label, a colour or colours, a shape, a sound, a smell, or any two of these elements used in combination. For example, the Coke word in fancy script and the shape of the glass bottle.

Trademarks and their associated goodwill may be the largest asset of a business, especially for those providing services. A good trademark increases in value with time and can quantify the value of a business. When you’ve spend funds towards building up your brand, it’s important to protect it.

Your trademark registration is primary proof of your ownership of the trademark. This enables you to enforce rights against a third party if they adopt your trademark or apply it to their goods or services.

Yes and vice versa. But only a registered trade mark can prevent unauthorised use by others.

The first person to use the trademark. Or, if there is no use the first person to apply for registration is the owner and entitled to seek registration.

Yes. If the two trademarks would cause deception or confusion to consumers. For example trademarks which are not identical, but sound alike (Canon/Kannon) used on the same or similar goods ( cameras/camera lenses).

The initial term of registration is 10 years from the filing date. The registration can be renewed indefinitely for further periods of 10 years each.

Yes (Australia includes Norfolk Island but not New Zealand). However, an Australian application or registration may provide a basis for foreign trade mark protection.

If the registration is at least five years old and is not used for a continuous three-year period, it can be removed from the Register by others for non-use.

You can only use the symbol ™ a legitimate application for a trademark has been filed within the country you intend to apply for a trademark.

It is an offence of the TradeMarks Act 1995 to use the ® symbol for a trademark that is not registered in Australia. Other countries have similar laws protecting the use of the ® symbol.

In Australia and New Zealand, it takes 6-9 months assuming there are no major objections or oppositions to the applications.

There is no such trademark that provides protection internationally. To obtain trademarks outside of Australia and New Zealand, they must be obtained within the country they wish to protect the brand.

The period from application to registration varies from country to country and whether issues arise from the application.

Canada: 12- 18 months

China: 12-24 months

Germany: 12- 18 months

India: 18 – 26 months

Malaysia: 24 – 36 months

USA : 12 – 18 months

We are not a legal firm, we do not provide any form of legal advice, however we are able to assist you in obtaining legal advice from our trusted third party legal providers if required. Please ensure you get independent legal advice.