5 Steps to Trade Mark a Product

Emily Young

• 10 August 2021
• 18 January 2022
• 5 min read

If you are seeking legal protection for your business’ products, a trade mark is an excellent option. A trade mark is one way to protect your brand and distinguish your product from other products in the market. This gives you both a competitive advantage and legal rights, providing peace of mind that others will not be able to legally use your brand for their own benefit. To help you better understand the process, this article will take you through five steps to trade mark a product.

1. Trade Mark Selection

In order to register a trade mark for your product, you will first need to select what you wish to register. A trade mark can exist in many forms, including your business: 

• name; 
• logo;
• slogan; or
• song. 

The most relevant trade mark to register will depend on your business and it’s individual needs. However, registering your business name and logo is a good place to start, particularly if you use these in conjunction with all of your products.

2. Nominate a Trade Mark Class

After choosing the trade mark you wish to register, you will need to nominate the classes of goods and services that you will use your trade mark under. There are 45 classes you can choose from, broken down into 34 goods and 11 services. The trade mark classes most relevant to you will depend on your product. Additionally, you may need to choose several to get the best trade mark protection. 

Trade mark classes are useful because as long as they belong to two completely different classes, two similar trade marks can co-exist. However, once you have made your trade mark application, you will not be able to add more classes, making this a crucial step.

3. Conduct a Trade Mark Search

After selecting the best trade mark and classes for your product, you will need to ensure that it is available for use. You can do this by conducting a thorough trade mark search using ATMOSS. 

ATMOSS is IP Australia’s free trade mark search tool. It has a number of features that can help you narrow your search results. You should ensure that your trade mark is not identical to any existing trade marks. You should also look out for any trade marks that are too similar. Any two trade marks that may lead to consumer confusion will likely not be approved for registration.

4. Apply for a Trade Mark

The next step in registering a trade mark for your product will be to make the trade mark application itself. You will need to provide your own contact details and a visual representation of your proposed trade mark for IP Australia to assess. You will also need to pay a filing fee, the price of which will depend on a variety of factors, including how many trade mark classes you select.

The accuracy of your trade mark application may impact how quickly your trade mark is assessed for registration. This makes it important to submit a high-quality trade mark application, which can be improved by seeking professional assistance.

5. Monitor Your Trade Mark

If your trade mark meets all of the legislative requirements and does not infringe on anyone else’s trade mark, it will be placed on the trade mark register. After registration, you will need to continue taking measures to protect your product’s trade mark. This includes making sure that you use your trade mark and enforcing your trade mark rights over anyone infringing on your trade mark. You will also be required to renew your trade mark when the 10 year registration period is up.

Key Takeaways

A trade mark is a great tool to protect the brand of your product. The key steps to registering a trade mark include:

• selecting your trade mark;
• nominating trade mark classes;
• conducting a trade mark class;
• applying for a trade mark; and
• monitoring your trade mark.

If you need help registering a trade mark for your product, our experienced trade mark lawyers can help. You can get in touch with them on 1300 657 423 or by filling out the form on this page.

Frequently Asked Questions