5 Steps to Register a Trade Mark for Your Herbal Product
Emily Young
Having your own business with a unique product is a big achievement. The increase in popularity of natural and herbal products in recent years also does not seem to be going away, meaning there is fierce competition. To help your brand and product stand out, trade marks are an essential part of your business. To assist you in understanding the trade mark process, this article will take you through five steps to register a trade mark for your herbal product.
1. Choose Your Trade Mark
The first step to register a trade mark for your herbal product is to choose what you will trade mark. Trade marks can take many forms, including a:
- name;
- logo;
- scent;
- packaging shape;
- colour;
- song; or
- combination of the above.
For a herbal product, you may wish to register a trade mark for your business or product name or logo. If your packaging is particularly unique or the scent exclusive to your product, you may wish to register a trade mark for that as well.
Ultimately, as long as your trade mark meets the trade mark requirements of being distinctive and not too descriptive of your goods or services, your trade mark will be capable of being registered.
2. Choose a Trade Mark Class
Once you have chosen what elements of your herbal product you wish to register as a trade mark, you will need to choose a trade mark class. Trade mark classes, as classified by the Nice classification system, are 45 categories of goods and services that you can register your trade mark under. The trade mark class you choose is important because IP Australia will only protect your trade mark under the classes you have registered under.
Depending on the nature of your product, several classes may be relevant to your herbal product. For example, trade mark class five relates to pharmaceuticals, including dietary and nutritional supplements. On the other hand, trade mark class 31 relates to horticultural products and trade mark class 30 relates to tea. Therefore, the trade mark classes you choose will depend on the nature and purpose of your specific product.
3. Conduct a Trade Mark Search
Before you apply to register a trade mark for your herbal product, you will need to conduct a trade mark search. A trade mark search will help you see if there are identical or similar trade marks to your proposed trade mark, preventing you from registering your trade mark.
Australia’s IP office has a free, comprehensive trade mark search tool ATMOSS that you can use to conduct a trade mark search for your herbal product.
4. Apply for Your Trade Mark
Once you have chosen a trade mark and confirmed it is available for your use, you will be able to apply for a trade mark for your herbal product. You will need to file your trade mark application with IP Australia, which will require you to provide your contact details, pay the applicable fees, and provide a visual representation of your trade mark.
If your trade mark meets all of IP Australia’s requirements, you will be able to register your trade mark successfully. Alternatively, you will be allowed to amend any issues that IP Australia has with your trade mark application.
5. Monitor Your Trade Mark
Once you receive approval for your trade mark for your herbal product, IP Australia will place it on the trade mark register. It is after this point where you will have to monitor your trade mark. This includes regularly checking that other businesses with similar products are not infringing on your trade mark and taking action if there is misuse of your trade mark. You will also be in a position to oppose any trade mark applications that you believe are too similar to your own trade mark. In order for your trade mark to be effective, you will have to enforce your trade mark rights.
Key Takeaways
Protecting your herbal product is an important element of your brand, both from a marketing and a legal perspective. The five steps required to obtain a trade mark for your product are to:
- choose your trade mark;
- choose a trade mark class;
- conduct a trade mark search;
- apply for your trade mark; and
- monitor your trade mark.
If you need help navigating the trade mark process for your herbal product, our experienced trade mark lawyers can help. Get in touch with them on 1300 657 423 or by filling out the form on this page.
Frequently Asked Questions
A trade mark is an excellent way to protect your herbal product’s brand, helping you solidify your brand as reputable and stand out in a competitive market. In addition, having a trade mark for your product will allow you to prevent others from using your trade mark for their own commercial benefit.
You will need to undertake five key steps to obtain a trade mark for your herbal product. This includes choosing what elements you will trade mark, choosing your trade mark classes, conducting a trade mark search, completing your trade mark application, and monitoring your trade mark.