Mistakes to Avoid When You Register an Air Conditioning Trade Mark
George Raptis
Trade mark registration may seem like a difficult task at a first glance. However, once you have grasped a general understanding of the process, registration can become a much smoother process. To help you register an air conditioning trade mark, this article identifies three mistakes you should avoid.
1. Choosing the Incorrect Class
When you register a trade mark, you do so according to the relevant good or service. So, you must specify which trade mark class your good or service falls under in your application.
If you include a class that does not relate to the goods and services that your business provides, your registered trade mark would likely be ineffective in providing adequate protection.
For example, suppose your business sells heaters, but registers a trade mark in relation to class seven. Class seven covers machinery however, the more relevant class is 11 which covers goods that heat your surrounding environment. Consequently, your trade mark would be unable to protect your goods if you go on to market them.
Likewise, forgetting to include a relevant class can make your registered trade mark ineffective. Once you submit your trade mark application to IP Australia, you can only amend it by taking away certain classes. If you wish to include additional classes that you forgot in the beginning, it is likely you must submit a wholly new application at an additional cost.
Trade Mark Classification Search
To avoid making mistakes in your application, familiarise yourself with the Trade Mark Classification Search. Doing so will help you to identify the trade mark classes which are most relevant to your business.
If you are registering an air conditioning trade mark, class 11 will likely be the most relevant.
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Environmental Control Goods |
Example |
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Machines |
Heaters Air conditioners Air purifier Ventilation Refrigerators Freezers |
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Cooking appliances |
Microwaves Electric kettles Electric slow cookers |
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Lighting appliances |
Electric lamp Light bulbs |
2. Including Generic Terms
The signature feature of a trade mark is its capability to distinguish your business’ goods and services from those other businesses offer. For this reason, if you attempt to use a generic term or description as part of your air conditioning trade mark, it is likely that IP Australia will not accept your application.
Indeed, if you use a generic term to describe your goods, it is likely that other businesses in the industry would also want to use the term when applying for a trade mark. For example, IP Australia is unlikely to accept a trade mark application with a generic term like ‘Air Conditioner’ alone.
However, this is not to say that you cannot include generic terms or descriptions in your trade mark application entirely. Rather, you can couple a generic description with an additional feature that will make it unique. For example, you can accompany the generic term ‘Air Conditioner’ with your business’ distinctive mascot. Alternatively, you can include your business’ name such as ‘Frank’s Air Conditioners.’ By including these distinctive features, you have a better chance of applying for a trade mark that is capable of distinguishing your business from others.
3. Failing to Conduct a Trade Mark Search
Before you send your application to IP Australia, conduct a search of the Trade Mark Register. A thorough search helps to ensure that another person has not already registered your proposed trade mark. Whilst this may seem like a fairly obvious thing to do, it is a common mistake that can result in IP Australia rejecting an application because the two identical marks are likely to deceive or cause consumer confusion.
Ultimately, conducting a search on the Register is key to limiting the chance of IP Australia rejecting your application.
You can enter the keywords of the name or catchphrase you intend to register. Alternatively, you can upload a photo of your intended logo to identify whether your trade mark has already been registered. Doing so will increase your chances of applying for a unique trade mark.
Key Takeaways
When you apply for a registered trade mark, ensure you identify the correct trade mark class which relates to the goods and services you wish your trade mark to protect. If your business sells air conditioners and heaters, class 11 will be of primary relevance. You should also avoid generic descriptions in your trade mark application and search to ensure that your trade mark has not already been registered. Doing both will limit your chances of having IP Australia reject your application.
For help with registering an air conditioning trade mark, contact our experienced IP lawyers on 1300 657 423.
Frequently Asked Questions
Other trade mark classes you might want to consider include class six (common metals), class seven (machinery) and class 37 (construction and repair services).
The cost of your application depends on how many classes you include. A standard trade mark application will cost $250 per class you include.