5 Stages of Trade Mark Protection
Emily Young
Trade mark registration is a great way to protect your brand. A trade mark is a form of legal protection. It is also an excellent marketing tool. Having a trade mark can protect your brand and increase the value of your business. To help you better understand the process, this article will take you through five stages of trade mark protection.
1. Choose Your Trade Mark
The first step in applying for a trade mark is to choose what element of your brand you wish to trade mark. Trade marks take a variety of forms, including but not limited to:
- words;
- slogans;
- images;
- packaging shapes;
- songs; or
- any combination of the above.
The most important element for you to trade mark will depend on your business and its unique needs. However, for businesses just starting to obtain trade marks, it is probably best to start with your business name and logo.
2. Meet the Requirements
Once you have chosen the brand element you wish to trade mark, you will need to check that you meet the trade mark requirements. There are several things that you will need to consider to ensure that your trade mark meets the legislative requirements. This includes checking that your trade mark is:
- unique to your business in the relevant goods and services classes;
- not descriptive of your goods or services classes; and
- not a prohibited word or image.
If your trade mark does not meet the requirements, your application will be rejected.
This makes it important that you check the eligibility requirements before you make your application, which will save you both time and money.
3. Select Goods and Services Classes
Once you have chosen your trade mark and determined that it meets the requirements, you will need to select a class of goods and services. When you apply to register a trade mark , you will need to nominate which category or ‘class’ that you will use it under. The Nice classification system has 45 classes to choose from, divided into 34 goods and 11 services.
Your trade mark will only be protected under the trade mark class that you register it under. This makes it important to choose the most relevant trade mark class. Further, you cannot add another trade mark class to your trade mark after your application. If you are looking for the most appropriate class for your goods or services, you can search the Nice classification system to help you.
4. Conduct a Search
Once you have chosen your trade mark and identified the classes of goods or services you will use it under, you should conduct a trade mark search. This search will help you check that there are no identical or similar trade marks to your proposed trade mark that will prevent you from obtaining registration.
In Australia, you can conduct a free trade mark search using the Australian search tool, ATMOSS. This comprehensive and free trade mark search tool will help you decide if your trade mark is available.
5. Make an Application
Once you have determined that your trade mark is available for use, you will be able to apply for your trade mark. Your application will need to include your name and contact details, a description of the goods and services your trade mark applies to, the classes you have selected and an image or description of your trade mark. You will also need to pay the relevant application fees.
If your trade mark meets all of IP Australia’s requirements and there are no other objections to your application, your trade mark will be approved and placed on the trade mark register. Once registered, you will be required to continue monitoring your trade mark to ensure no one infringes on your trade mark rights. If you find that someone infringes on your trade mark rights, you will need to take measures to enforce your exclusive rights.
Key Takeaways
While the trade mark process may seem long and complex, a registered trade mark is an excellent thing to have and has a range of benefits. To register your trade mark and have all the benefits of trade mark protection, there are a few steps you will need to take. These steps include:
- choosing your trade marks;
- checking that you meet the trade mark requirements;
- selecting the relevant goods and services classes;
- conducting a trade mark search; and
- making a trade mark application.
If you need help registering a trade mark, get in touch with our experienced IP lawyers on 1300 657 423.
Frequently Asked Questions
Trade mark protection is a way to ensure you have exclusive rights to the use of your business’ brand. A trade mark also helps you distinguish your product or service from your competitors, furthering your brand reputation and increasing the value of your business.
The main steps to registering a trade mark include choosing your trade mark, checking that your trade mark meets the requirements, selecting the relevant goods and services classes, conducting a trade mark search and making your trade mark application.