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5 Things to Know About Applying for an Australian Trade Mark
The correct application process is essential if you want to protect your intellectual property and defend your trade mark.
Identify What to Register
Many business owners fail to make this key decision in the early stages of their business. Consider whether you want to register your name, logo, or another aspect of your business, such as a specific product or service.
Find Unique Qualities
When you apply for trade mark registration, IP Australia will assess your application against specific criteria. Generally, this means looking at whether your proposed trade mark is distinctive and original.
Complete a thorough search to ensure your trade mark is available and not confusingly similar to other existing trade marks. This is more than a simple internet search. Specific word combinations and databases need to be checked.
Choose the Relevant Class
There are 45 different classes of goods and services that a trade mark can be registered under. Identifying the correct class or classes is essential. You may be unable to enforce a trade mark registered in the wrong class.
File the Application
There are two ways you can undertake this step: 1) via a TM Headstart application (receive an IP Australia response within five business days); or 2) a standard application (receive a response within 13 weeks).