Tips For Registering An Electronic Goods Trade Mark Under Class 9
George Raptis
Given all the different requirements involved in trade mark registration, the process may seem complicated at first. However, a good understanding of the process can make trade mark registration much smoother. If you intend to register an electronic goods trade mark under class 9, this article provides five useful tips which can assist you.
1. Understand Trade Mark Basics
Many people think that trade marks are just a business logo. However, trade marks are a form of intellectual property protection that can protect a wider range of features that make your business unique, including its name, catchphrase, unique colour and distinctive packaging used for its products.
A registered trade mark provides you with the exclusive right to use, licence and sell your mark. This means that in certain instances, you have the legal means to prevent others from misusing your mark. Likewise, you can oppose trade mark applications that are similar or identical to your own.
When you apply to IP Australia for a registered trade mark, you must identify your business’ goods and services that you wish your trade mark to protect. Your trade mark is only capable of protecting the goods and services that IP Australia has approved in your application. For example, if your business sells alarm devices and provides installation services, but you register a trade mark only in connection with the alarm device, your business will fall short of comprehensive trade mark protection. Therefore, you should clearly identify what goods and services need to be protected and which classes these goods and services relate to.
2. Ask Yourself These Questions
When you are beginning to think about applying for a registered trade mark, you should consider the:
- nature of your business;
- products or services your business provides; and
- products or services that channel the most income into your business.
These basic questions can help you narrow the scope of your research when seeking to apply for a registered trade mark by identifying those goods and services that your business provides and that you intend your trade mark to protect.
3. Familiarise Yourself With Trade Mark Classes
A quick browse of the Trade Mark Classification Search would show you how extensive trade mark classes are. Indeed, the classes ranging from 1-34 include most goods that a trade mark can protect, and classes 35-45 include most services. In particular, class 9 includes a much more extensive list of electronic goods than what is in the table below. For example, this can range from coin-operated apparatus to cash registers. Some of the notable goods are listed below.
| Electronic Good | Example |
| Instruments for scientific or research purposes | Temperature gauges Lab unit for dilution and dispensing liquids Laboratory incubators Data processing equipment |
| Information technology and audiovisual equipment | Recording devices Computer software Acoustic instruments |
| Devices for controlling the distribution and use of electricity | Wires Components for electrical devices and circuits |
| Optical apparatus | Fibre optical sensors Optical filters for photography Glasses for optical use |
| Safety equipment | Face masks Safety goggles Luminous signs for safety purposes |
4. Do Not Limit Your Search to Class 9
Whilst your goods may fall neatly into class 9, there may be other classes that are relevant to your business. As mentioned above, a failure to include a class can result in inadequate trade mark protection. Once you submit your application to IP Australia, you should also note that you cannot amend it by including additional classes to those already included in your application. If you wish to include further classes, you will likely have to resubmit an entirely new application at an additional cost.
To avoid missing potentially relevant categories, you should conduct a comprehensive search of the Trade Mark Classification Search. Some other classes which may be relevant to your business include class:
- 10 – medical instruments;
- 15 – musical instruments;
- 38 – telecommunications services;
- 42 – scientific and technological services; and
- 44 – medical services.
5. Consult a Trade Mark Lawyer
If you are ever in doubt when registering an electronic goods trade mark, you should consult a trade mark lawyer. A lawyer’s experience in the field can make all the difference when undertaking trade mark registration. For example, a lawyer can:
- help you identify trade mark classes relevant to your business;
- ensure that you resolve any errors or omissions in your application before you submit it to IP Australia;
- advise you on other ways you can protect your business’ intellectual property.
Key Takeaways
A registered trade mark provides you with the exclusive right to use, licence and sell your mark. Therefore, before you apply to IP Australia for a registered trade mark, you should identify your business’ goods and services that you intend to protect through trade marks. Once you have done this, you must include the relevant classes related to your business’ goods and services in your trade mark application.
If you need help registering an electronic goods trade mark, our experienced IP lawyers can assist on 1300 657 423.
Frequently Asked Questions
This entirely depends on the nature of your business. However, it is generally advised that you apply for a trade mark earlier rather than later so that your business’ goods and services are protected from the earliest date possible and so that you can account for any unforeseeable delays in the trade mark application process.
The cost of a standard application varies depending on how many classes of goods and services you have included in your trade mark application. A standard trade mark application will cost $250 per class included.