{"id":7349,"date":"2021-10-11T13:56:10","date_gmt":"2021-10-11T03:56:10","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=7349"},"modified":"2021-10-11T14:01:17","modified_gmt":"2021-10-11T04:01:17","slug":"trade-mark-registration-furniture-company","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/australian-application\/trade-mark-registration-furniture-company\/","title":{"rendered":"Questions to Ask a Lawyer about Trade Mark Registration for Your Furniture Company"},"content":{"rendered":"\n

Companies in the furniture or design industries frequently register their goods as industrial designs to protect themselves against copycats. However, industrial designs are only protected for a limited time, never exceeding 25 years. On the other hand, trade mark protection is typically limitless in time, subject to you extending the registration periods. Therefore, some manufacturers attempt to register their products as three-dimensional trade marks (shape marks) to retain their monopoly indefinitely. However, these initiatives frequently fail. Suppose you are thinking of registering a trade mark for your furniture company. This article will explore some of the key questions to think about before approaching a lawyer to ask questions about the process.<\/p>\n\n\n\n

Questions to Ask Your Lawyer<\/h2>\n\n\n\n

When looking for a name or logo for your company, you should ask a trade mark lawyer<\/a> a few questions to understand what you need to do. Many business owners are concerned that they will appear foolish if they ask simple trade mark inquiries. However, clarifying any ambiguity upfront will help your lawyer guide you through the procedure more successfully. Further, it is an easy way to form a relationship with your lawyer so they can understand your brand and how to advise you best.<\/p>\n\n\n\n

What Is the Distinction Between a Trade Mark and a Trade Name?<\/h3>\n\n\n\n

A trade name is a made-up business name that permits a firm to operate under a name different than its legal, registered one. This is sometimes referred to as a pseudonym. A trade mark is used to distinguish one service or product from another.<\/p>\n\n\n\n

For example, the name \u2018Ikea\u2019 is not the same as the legal trade mark protection afforded to the logo that Ikea is contained within. Ikea is a trade name, but the logo for Ikea is a trade mark. The difference may seem subtle, but it is important.<\/p><\/blockquote>\n\n\n\n

Is It Necessary for Me to Register My Company\u2019s Precise Legal Name With IP Australia?<\/h3>\n\n\n\n

You cannot usually register a legal name as a trade mark. To clarify, a business owner\u2019s complete legal name can be included in the company logo, which can be registered. Even though their trade mark still matches the company\u2019s legal name, the majority of companies will delete what are known as legal entity identifiers, such as \u2018ltd\u2019 or \u2018pty ltd\u2019.<\/p>\n\n\n\n

Do Some Words Have a Higher Level of Protection Than Others?<\/h3>\n\n\n\n

There are certain words that have a higher level of protection. Generic words are usually not trade marks that may be protected. Acquired uniqueness is required for trade marks. This implies that a word, symbol, logo, name, or other mark, must be capable of identifying the source of a good or service and differentiating it from other sources to operate as a trade mark.<\/p>\n\n\n\n

What Is the Time Frame for Obtaining a Trade Mark?<\/h3>\n\n\n\n

Obtaining a trade mark takes an average of 6 to 18 months. The length of time it takes for your trade mark registration to go through depends on whether:<\/p>\n\n\n\n

  1. you provide the right information at the start of the process; and<\/li>
  2. your desired trade mark is able to be protected.<\/li><\/ol>\n\n\n\n

    If these two matters are not correctly considered, then you run the risk of delaying the time it takes to register your trade mark, or not obtaining registration at all.<\/p><\/blockquote>\n\n\n\n

    Should I Register My Furniture Company\u2019s Name as a Trade Mark?<\/h3>\n\n\n\n

    In general, registering a trade mark will benefit all companies. Registering a trade mark for a company\u2019s name is not generally a top priority for furniture companies. However, it is a good option since it will provide stronger protection. <\/p>\n\n\n\n

    What Trade Mark Class Should I Register Under?<\/h3>\n\n\n\n

    Generally, if you want to file a trade mark application for your furniture company, you should file under trade mark class 20. Trade mark class 20 includes:<\/p>\n\n\n\n