Apply for a Trade Mark in Australia

What is a trade mark?

A trade mark is an expression of the identity of a business, usually a product or service. The Australian Trade Marks Act 1995 (Cth) defines trade marks.The legislative definition of trade mark includes numerous forms of trade marks than words and logos, trade marks can also be letters, numbers, shapes, sounds and scents..

Benefits of a trade mark registration

A trade mark is a s valuable company asset. Trade mark ownership protects the important goodwill, reputation and identity built up under a brand.

Legal protection

• The owner is given monopoly rights in using the trade mark in respect of the goods and services for which the trade mark has been registered.
• The owner can prevent other businesses from using his or her registered trade mark and can initiate legal proceedings in relation of their registered rights, which can result in damages by way of monetary compensation.
• To summarise, trade mark registration provides the trade mark owner not only legal protection but also commercial benefits.

Commercial benefits

• To summarise, trade mark registration provides the trade mark owner not only legal protection but also commercial benefits.
• A trade mark is an asset of a business which may appreciate over time, as goodwill in the product or service grows.
• A formal registration of rights provides a deterrence to It dissuades brand copycats, avoiding losses associated with brand dilution.
• It provides confidence to consumers which can help attract sales. Products and services bearing registered trade marks have greater presence leading better product or service value.
• Trade mark registrations can be licensed or assigned, thereby allowing for other business models such as franchising.

How to apply for a trade mark with your Baxter IP trade mark attorney

Baxter IP offers a simple and cost-effective process for obtaining trade mark protectio for your brand.

1. Our initial consultation service with an Australian trade mark attorney will allow us to explain the trade marks process in Australia and internationally as well as whilst gaining an understanding of your brand and your commercial objectives
2. Pre-filing preparation and strategy, such as:
   1. A trade mark attorney evaluating your goods and services selection and ensuring that it is comprehensive and not set out in a limiting manner;
   2. Trade mark database searching, distinctiveness consideration and trade mark representation evaluation for Australia;
   3. Trade mark database searching, distinctiveness consideration and trade mark representation evaluation for an international trade mark application
   4. Brief unregistered (common law) trade mark searching in Australia.
3. Consideration of filing options, such as:
   1. Proceed with a standard Australian trade mark application or;
   2. Using the two-aprt TM Headstart service;
4. Filing of an trade mark application in Australia, internationally, or both nationally and internationally,
5. Preparing and filing a response to any trade mark examination report that arises
6. Renewals management
7. Filing overseas trade mark applications within six months of the Australian trade mark application through:
   1. Direct country filing
   2. Community Trade mark (CTM) or OAPI, ARIPO, or
   3. Madrid Protocol (or agreement) international system.

Confidentiality

Bound by the Code of Conduct for Trans-Tasman Patent and Trade Marks Attorneys 2018, your trade mark attorney keeps information obtained from you confidential.Upon filing an application to register a trade mark the filing particulars, including the trade mark and the applicant's information, will be available to the public via the trade mark database..