4 Tips for Navigating IP Australia to Apply for Trade Marks
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Registering a trade mark is a straightforward and efficient approach for many businesses to protect their goods and services. IP Australia administers intellectual property rights and regulations pertaining to trade marks. It enables companies to trade mark their goods, services, or brand through an online application procedure. Furthermore, it allows you to browse the registered database for existing trade marks. In addition, IP Australia has a lot of information available to the public.
If you are beginning your trade mark journey, this article will explore some tips for navigating IP Australia to search for trade marks.
Tip #1 Undertake a Clearance Search
Doing an online search of the IP Australia Trade Marks Register to check if any trade marks may clash with yours is a crucial first step. It is a good idea to look up the suggested trade mark on the IP Australia Website using several spellings, such as BARBEQUE, BBQ, and BARBIE.
You should also check the Australian Business Number (ABN) Registration and the Australian Security and Investments Commission (ASIC) company name register to make sure no one else is dealing under your name (even if they do not have a trade mark). A quick Google search is a great way to discover whether there are any rivals utilising your suggested name.
Tip #2 Understand What the Pick List Is
To file for a trade mark, a company must describe the products or services for which the brand will be used and categorise them according to the Intellectual Property Goods and Services Pick List. The list has over sixty thousand entries and is organised into several divisions to cover a wide range of products and services. The pick list is a useful tool when navigating IP Australia’s website and trade mark process.
Classes
The pick lists splits goods and services into 45 categories. The list covers the majority of goods and services, although it is not entirely exhaustive. Before proceeding to file a trade mark application, an applicant must carefully consider the class they wish to file their trade mark. This eliminates categorisation mistakes, which might prohibit you from registering the trade mark. This may delay the application.
What Is the Best Class for Me?
It is crucial to examine the nature of your business while choosing what class a trade mark application belongs to. An application should consider if the class is wide enough to cover the specific products and services that the firm will supply in order for a trade mark to provide continuous protection for your goods and services.
Tip # 3 Confirm the Application Specifics Early
Before beginning the trade mark application procedure, it is critical to double-check the application’s details. You should specify who will hold the trade mark. For example, will it be a person, a single trader, a partnership, or a corporation? The register is open to the public, and you can find the trade mark owner’s name and address there. Keep this in mind when selecting the owner and location for your application.
Additionally, if you are a corporation, make sure you identify the entity as the trade mark owner in order to protect your trade mark. If you register it yourself, you risk losing the asset if someone sues you.
Tip # 4 Use a Headstart Application
The easiest way to achieve a speedy outcome in your trade mark application is to use a Headstart application. Within five business days after receiving your application, an IP Australia examiner will evaluate it and give a headstart results report with commentary. If you submit a complete application instead of a Headstart application, you will not receive a prompt answer or be able to simply alter the application.
Key Takeaways
Managing the trade mark application procedure may be challenging. There are several factors to consider before submitting your first application. Obtaining a trade mark early on guarantees that your branding is adequately protected. It also allows you to concentrate on other critical elements of your organisation. Before deciding on what tips work best for you when navigating IP Australia, you should consider:
- using a Headstart Application;
- ensuring you have the right application specifics at an early stage of the application process;
- what the pick list does and how it works; and
- undertaking a preliminary clearance search of the IP Australia databases.
If you have any questions about navigating IP Australia to apply for trade marks, contact our intellectual property lawyers on 1300 657 423.
Frequently Asked Questions
The list has over sixty thousand entries and is organised into several divisions to cover a wide range of products and services.
The pick lists’ goods and services are split into 45 categories. The list covers the majority of goods and services, although it is not entirely exhaustive.