What Documents Are Needed for a Trade Mark Application?
Emily Young
Trade marks are an excellent tool to help your brand stand out amongst competitors. Accordingly, it is important to register your trade mark to receive the best protection. Registration allows you to enjoy the full benefits of trade mark protection. To help you with your trade mark application, this article will take you through the top reasons for registering your trade mark and the documents required for your application.
What Is a Trade Mark?
A trade mark identifies your brand’s assets, providing a method of distinguishing your brand from your competitors. A trade mark can take a number of forms. For example, a trade mark can be a:
- word;
- phrase;
- letter;
- shape;
- scent; or
- combination of these.
If the mark used in connection with your business’ goods or services is distinguishable from competitors, you may be entitled to basic protections. However, the rights to your trade mark will be much greater if you apply for official registration.
Why Register a Trade Mark?
Trade marks give you exclusive rights to their use. While you are not required to register a trade mark, registration is recommended for business owners. This is because trade mark registration creates stronger protections and rights.
For example, if a competitor copies your unregistered trade mark, it will be harder to assert your rights without documentary evidence that proves you own it. This can lead to a long and expensive trade mark dispute that could damage the reputation of your business.
Another key benefit of trade mark registration is that it gives you the right to use the registered trade mark symbol (®). This symbol demonstrates to consumers and competitors that your trade mark is registered, attesting to the legitimacy of your business and serving as a deterrent for potential infringement.
Documents for a Trade Mark Application
IP Australia is the agency that administers trade marks in Australia. When applying to register your trade mark, you will need to pay an application fee. Making this application does not guarantee that your trade mark will receive registration. It simply means that IP Australia will examine your trade mark’s eligibility. Therefore, it is essential that your application contains all the necessary documents to ensure a successful outcome.
When making your application, you will need to fill out a trade mark application form. This form requires you to provide:
- your personal details, including an address for service. This address must be located in either Australia or New Zealand;
- a list of the goods or services classes; and
- a representation of your trade mark.
Importantly, a representation of your trade mark means that you must provide a copy of the trade mark you intend to register. This representation should clearly show all the features of your trade mark.
However, this will be more complex if your trade mark is a non-traditional mark, such as a colour, scent or sound. The documents required for non-traditional trade marks are outlined in the table below:
| Trade Mark Type | Representation Requirements |
| Colour | • Example of the colour or combination of the coloursPrecise description of the use of the colour |
| Scent | • Graphical representation of the scent, for example, “the scent of fresh linen” • Description of the scent as a trade mark, for example, “the scent of fresh linen applied to deodorant” |
| Sound | • Graphical representation of the sound, for example, “thud, beep” • Description of the sound, for example, “the trade mark consists of the sound of a car boot slamming shut followed by the sound of a car door locking” • Copy of the sound should be filed on a disc, DVD or digital fine |
After Submitting Your Application
Once you have made your trade mark application and paid the application fees, IP Australia will examine your trade mark to determine whether your trade mark meets Australia’s legal requirements for trade marks.
If your trade mark satisfies the legal requirements, it will be publicly published in the Official Journal of Trade Marks. This provides an opportunity for third parties (such as other businesses) to oppose your trade mark if they believe it infringes on their own. If your trade mark is not opposed, your trade mark will be registered and placed on the trade mark register for ten years. Once these ten years are up, you can opt to renew your trade mark for another ten years.
Key Takeaways
To register your trade mark you will first need to fill out a trade mark application form.
This form requires you to provide:
- your personal details, including an address for service. This address must be located in either Australia or New Zealand;
- a list of the goods or services classes; and
- a representation of your trade mark.
If you need assistance applying for a trade mark, our experienced trade mark lawyers can help. You can contact them on 1300 657 423 or by filling out the form on this page.
Frequently Asked Questions
Trade mark registration gives you the exclusive rights to the use and commercialisation of your trade mark. If your trade mark is unregistered, it is difficult to prevent others from stealing and using it.
When making a trade mark application, you will need to fill out a trade mark application form. This form requires your personal details and details about your trade mark itself. Additional documents will be required if your trade mark is a non-traditional trade mark (such as a colour or scent).