{"id":4412,"date":"2021-06-07T15:40:34","date_gmt":"2021-06-07T05:40:34","guid":{"rendered":"https:\/\/tm.legalvision.com.au\/?p=4412"},"modified":"2021-06-28T12:32:36","modified_gmt":"2021-06-28T02:32:36","slug":"trade-marking-phrase","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/information\/trade-marking-phrase\/","title":{"rendered":"4 Mistakes to Avoid When Trade Marking a Phrase"},"content":{"rendered":"\n

A trade mark is a type of intellectual property (IP) that protects your business\u2019 brand. A trade mark is an important tool that helps you distinguish your product or service from your competitors. Trade marking a phrase<\/a> is a great way to have exclusive use of a catchy slogan that can uniquely identify your business and help you stand out.<\/p>\n\n\n\n

The rules associated with trade marks can be complex and difficult to navigate, making it easy to make mistakes that can lead to the rejection of your trade mark application. This article will highlight four mistakes to avoid when trade marking a phrase.<\/p>\n\n\n\n

1. Making It the Same or Similar to Another Trade Mark<\/h2>\n\n\n\n

Trade marking a phrase provides you with the exclusive use of the phrase within a specific category of goods or services. You cannot register a trade mark that is the same as or similar to a competitor’s trade mark. <\/p>\n\n\n\n

To make sure your phrase is unique<\/a>, you will need to search IP Australia\u2019s Australian Trade Mark Online Search System (ATMOSS<\/a>). Searching ATMOSS will help reduce the chances of IP Australia rejecting your application.<\/p>\n\n\n\n

2. Being Too Descriptive<\/h2>\n\n\n\n

Trade marking a phrase can be challenging. While a phrase can be an important part of your brand, your phrase cannot be too specific. Attempting to trade mark a phrase that describes your particular product or the quality of your product too broadly will be difficult to register.<\/p>\n\n\n\n

For example, a builder trying to trade mark the phrase \u201cWe Build Homes” is not likely to be successful, because other builders will need to use the same phrase. Think distinctive, not descriptive – your phrase should not describe your business characteristics or describe the goods or service you provide. Instead, it should be unique to your business.<\/p>\n\n\n\n

3. Not Planning How You Will Use Your Phrase<\/h2>\n\n\n\n

You can lose your trade mark if you do not use it. Competitors can apply to remove trade marks from the trade mark register if you do not use them over a certain period of time. Because of this, it is essential that before you register your phrase, you have thought about how you are going to use it in the day-to-day operation of your business.<\/p>\n\n\n\n

You can only apply for removal due to non-use five years after the trade mark\u2019s filing date. You must also prove that the trade mark has not been used for the last three years. <\/p>\n\n\n\n

4. Not Knowing the Rules<\/h2>\n\n\n\n

The rules surrounding trade mark registration can be complex. There are several restrictions on what you can and cannot trade mark. Knowing what is and is not allowed is the key to ensuring your trade mark application is successful. Some examples of things to avoid when applying<\/a> to have a phrase trade marked include:<\/p>\n\n\n\n