What is the Easy Way to Register a Trade Mark Online?
Emily Young
Registering a trade mark for your business is an excellent way to protect its intangible assets. Although the process is usually long and complex, online applications have made this much more manageable. Australia’s IP office, IP Australia, has developed several tools to help you apply for trademarks online. This article will take you through a trade mark and three ways to register your trade mark online.
What is a Trade Mark?
A trade mark is one type of intellectual property (IP) that refers to your brand assets, which might be a:
- word;
- phrase;
- letter;
- image;
- sound; or
- even colour.
A trade mark enables you to distinguish elements of your brand from all of your competitors, serving as a marketing tool that increases the value of your business. Further, trade mark registration gives you formal protection over your trade mark.
The best brand element to register as a trade mark will depend on the unique circumstances of your business. Providing your trade mark meets the requirements for registration. It will be eligible to be placed on the trade mark register.
Why Register a Trade Mark?
Although trade mark registration is not essential, it is beneficial to apply for registration. This is because the fundamental purpose of a registered trade mark is to give you exclusive rights to the use and commercialisation of the brand asset. Moreover, having your trade mark registered makes this process much easier.
Consider that a competitor business uses a logo similar to yours. In that case, you can use your trade mark registration certificate as evidence that you have rights to your trade mark. Further, competitor businesses will be deterred from using a similar logo in the first place, as your trade mark will be viewable on the trade mark register.
Alternatively, it can be challenging to prove you have rights to a trade mark if it is not registered. This can lead to lengthy, expensive disputes and harm your reputation.
Ways to Register a Trade Mark Online
While it is a long and often complex process, registering a trade mark does not need to be complicated. IP Australia has several online registration pathways that have simplified the overall procedure. We outline these three online registration options in further detail below.
Standard Application
The first option for registering a trade mark online is to use IP Australia’s online services platform. This online platform allows you to apply for and renew your trade mark, make any relevant payments, review all correspondence and update your contact details.
To apply for a trade mark online, you must first register an account with IP Australia. Once you have an account, you can efficiently complete the online trade mark application form. Alternatively, you can download and print the form, then submit it by traditional post after completing it. However, using the online platform makes it easier to keep all your documents in one place and reduces the risk of missing any correspondence.
After applying for a trade mark, an examination will occur within approximately four to five months. If any issues are raised during the examination, IP Australia will issue an examination report detailing the objections you must overcome for the application to be accepted. The entire process, from filing to registration, takes about seven to eight months if no objections arise.
TM Headstart
TM Headstart is IP Australia’s pre-assessment process. The service is a quick, preliminary assessment that will indicate the success of your application before you undertake the formal application.
Although TM Headstart does not guarantee the results of your trade mark application, it can provide a perspective on issues that will potentially arise from your application, saving you time in the long run.
From the date of application, a trade mark examiner will assess your request within five business days and provide an assessment report. Based on this report, you can:
- continue with the formal application;
- amend your trade mark; or
- discontinue your request.
You have five days from the date you receive the report to decide on the next step you wish to take, after which your application will be discontinued.
Unfortunately, TM Headstart is not available for all trade mark applications. For example, suppose your trade mark is a collective trade mark, certification trade mark or a special kind of sign. In that case, it will not be eligible for TM Headstart.
Trade Mark Assist
If you want to apply for a trade mark and need further information, IP Australia has a useful tool called Trade Mark Assist. Trade Mark Assist is an online platform that aims to educate users on trademarks and the application process, including:
- identifying the classes of goods or services you should cover,
- how to search for existing trademarks; and
- applying.
This platform is a helpful tool for those registering a trade mark for the first time, as it reduces the chance of misunderstanding information or making an error.
Key Takeaways
Registering a trade mark for your business is an excellent way to protect its intangible assets. Although the process is usually long and complex, online applications have made this much easier. This includes IP Australia’s:
- TM Headstart;
- standard application; and
- Trade Mark Assist.
If you need help registering a trade mark for the branding of your food 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 one type of intellectual property (IP) that protects your brand assets, which might be a word, phrase, letter, image, song or even colour. A trade mark is a marketing tool that enables you to distinguish elements of your brand from your competitors. Indeed, this can increase the value of your business. Further, trade mark registration gives you formal protection over your trade mark.
While it can be a seemingly long and complex process, registering a trade mark can be straightforward. For example, IP Australia’s TM Headstart is a pre-approval application process. IP Australia has also developed the online platform Trade Mark Assist, which aims to educate users on trademarks and the application process.