I Own a Candle Business. How Can I Protect My Intellectual Property?

George Raptis

• 29 July 2021
• 29 July 2021
• 6 min read

Given the day-to-day demands of operating your business, it can be easy to overlook some of the long-term strategies you should consider to ensure that your business can profitably grow. Many business owners are unaware that trade marks are a vital tool that can provide their businesses with long-term protection. To help explain why trade marks can protect your candle business’ intellectual property, this article outlines: 

• what a trade mark is; 
• the key benefits of a trade mark; and
• how you can go about registering a trade mark. 

Trade Mark Your Business Brand 

It is a common misconception to think that trade marks are just a business logo. In fact, trade marks can protect a broad range of features that contribute to your business’ unique brand, including its:

• name;
• slogan or catchphrase;
• recognisable colour;
• unique product packaging; or
• distinctive scent of a product. 

A registered trade mark provides you with the exclusive right to use, licence and sell your mark. This means that no one can use or misappropriate your trade mark without your permission. Suppose someone uses a similar or identical mark in relation to similar goods, that being candles. In that case, you have the legal means to enforce your intellectual property rights and prevent the infringing party from continuing to use your mark. 

Benefits of a Trade Mark 

Your candle business can largely benefit from protecting its brand with a trade mark, especially if you plan to broaden the scale of your business’ operation in the near future. There are a wide range of benefits to protecting your brand with a trade mark. However, the table below summarises the three main benefits. 

Relevant Classes 

A registered trade mark is only capable of protecting the class of goods and services accepted in the trade mark application. This means that if your business sells candles and greeting cards, but your trade mark is only registered in connection with candles, your trade mark is not capable of protecting the greeting cards during the course of marketing your products. To avoid registering a trade mark that does not adequately protect your products, you should have a good understanding of the Trade Mark Classification Search.

Put simply, the search or the picklist is a class system that groups certain products and services under different 45 headings: 

• classes one through to the 34 include goods; and
• classes 35 to 45 include services. 

When applying for a trade mark, you must include which class or classes of goods you wish your trade mark to protect. You should note that the cost of your application depends on how many classes you wish to include.

The most relevant class for a candle business would be class 4, which includes:

• candles and wicks for lighting;
• candle wax, scents, moulds, dye; and
• all candle-making supplies in general. 

To help you find other related classes, IP Australia has developed the Trade Mark Assist Tool. You can use the program to make searches relevant to your business and find other potential classes that would apply. 

Trade Mark Registration 

To apply for a registered trade mark, you must file an application via IP Australia’s online services. You can either apply using a standard form application or a TM Headstart application. Using a standard form, you must provide:

• your personal information; 
• a description of your business brand that your trade mark will protect, i.e. your business name or logo; 
• certification that you have conducted a trade mark check to ensure that someone else has not already registered your intended trade mark; and
• the class of services that your trade mark will apply to, i.e. class 4 on the Trade Mark Classification Search includes most candle products. 

Whilst you will still need to complete all the formal requirements of a standard application when using a TM Headstart application, a TM Headstart application provides you with an additional service. Under this application, a trade mark expert at IP Australia will provide you with a pre-assessment of your application before you formally submit it for IP Australia’s review. This way, you can identify any potential errors in your application and make amendments accordingly.

Key Takeaways 

A trade mark can protect your candle business’ unique brand by preventing others from using a similar or identical trade mark to market their own products. Trade marks help build your business’ reputation. Additionally, they can provide you with commercial opportunities such as licensing your trade mark. For assistance protecting your intellectual property by applying for a trade mark, contact our experienced trade mark lawyers on 1300 657 423 or complete the form on this page.

Frequently Asked Questions